High Court · 2025

Petition under Nlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in lhe nature of Writ of lVandamus by declaring the action of the Respondents more particularly the Respondent Nos.3 and 4 as arbitrary, ex-facie illegal, highhanded and dereliction of duty by giving colourable of exercrse to their statutory powers, discriminatory in trying to demolish the Petitioners property bearing Municipal Nos..19-4-418/1/16 and 19-4-418111161A, vide PTtN 1051919058, comprising of Ground Plus Two Upper Floors in TS No.36/P in Block No_4, Ward No.19 in Sy.No-86/6/P P admeasuring 390 Sq.Yards, Situated at Bahadurpura, Hyderabad, without following due process of law and consequen y may direct the I Respondents more particularly the Respondent Nos.3 and 4 not to interfere and also not to demolish in respect of Petitioners aforesaid Proprely in any manner, in the lnterest of Justice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents more particularly the Respondent Nos.3 and 4 not to interfere and also not to demolish in respect of Petitioners Prope,rty bearing Municipal Nos.19-4-418/1/16 and 19-4-418111161A, vide PTIN 1051E,19058, comprising of Ground Plus Two Upper Floors in TS No.36/P in Block No.4, Ward No. 19 in Sy.No.86/P admeasuring 390 Sq.Yards, Situated at Bahadurpura, Hyderabad, in any manner, in the lnterest of Justice, pending disposal of the main Writ Petition. Counsel for the Petitioners: SRI NAZIR AHMED KHAN Counsel for the Respondent No.1: GP FOR MCPL ADMN & URBAN DEV Counsel for the Respondent Nos.2 TO 4: SRI RAPARTHI VENKATESH, SC FOR GHMC The Court made the following: ORDER I I ! I I i l I I I HON'BLE SRIJUSTICE I( LAKSHMAN WRIT PETITION No.5ll8 OF 2025 ORALORDER: Heard leamed counsel for the petitioners and Mr. Raparthi Venkatesh, leamed Standing Counsel for GHMC appearing on behalf of respondent Nos.2 to 4.

2. The petitioners herein are claiming that they are the absolutc owners and possessors of house bearing No.19-4-418l1ll6l{ (Gl) (PTIN No.1051936591) and No.19-4-418/l/16 (PTIN No.1051919087), consists of Cellar, Ground, First and Second Floor in T.S. No.36/P in Block No.4, covered in Ward No. 19 in Surv'e1 No.86/A, admeasuring 390 square yards, situated at Bahadurpura. Hyderabad. They are in possession of the subject property- l hcy have been paying property tax to the respondent Corporation-

3. It is also the specific contention of the petitioners that thcir vcndor has obtained building permit order from GI{MC and constructed the subject property. Even then, respondent Nos S and -{ are trying to demolish the subject properry without follou'ing duc procedure laid down under law. Challenging the said action ol- respondent Nos.3 and 4, the petitioners filed the present \'vrit pr-tition. 2 KLJ W.P- No 5l lt ofm25

4. Whereas, Mr. Raparthi Venkatesh, leamed Standing Counsel for GHMC. has produced written instructions of respondent No.3, wherein it is mentioned that it has taken up Nala widening to an extent of Acs.5- l0 meters from Bahadurpura Kamela to Bahadurpura Junction. It has filed land acquisition proposals vide letter dated

29.05.2023.It. has also requested theownerVoccupiers of the affected property hearing Nos.l9 -4-4l\/l/16 & 16/A, vicle letter dated,

06.07.2024 to co-operate for handing over the affected property to an extent o[' I 12_70 square yards to GHMC. Respondent No.3 has already issued a norice under Section - 146 of the HMC Act to the petitioners seeking their consent. They have not given consent so far. If they givc consent, they witl follow the procedure laid down under Section - t.16 of the HMC Act. otherwise, they will follow procedure Iaid down under Section - 147 of the HMC Act. The said u/ritten instructions are placed on recor<I.

5. [,camed counscl fbr the petitioners, on inshuctions, would submit that thc petitioners havc not received any notice, under section - 146 ol the I{MC Aot. pcrusal olthe said written instructions would reveal that uotice was not servcd upon the petitioners. 3 KL,J WP.No5llEof2025

6. In the light of the said submission, this writ petition is disposed of directing respondent Nos.2 to 4 not to demolish the subject property without following due procedure laid down under GHMC Act, 1955. If the subject property or part thereof is required for any public purpose including widening of the aforesaid road, they shall follow the procedure under GHMC AcL 1955. Respondent No.3. shall serve notice under Section - 146 of the HMC Act to the petitionen herein with a request to give their c.onsent. If they refuse to give their consent, then respondent No.3 shall follow the procedure laid down under Section - 147 of the HMC Act. In the circumstances of the case. there shall be no order as to costs. As a sequel thereto, miscellaneorB petitions, if any, pending in this writ petition shall stand close4 //TRUE COPY// sD/- A. siaNrvAsA REDD' ASSISTANT REGISTRA SECTION OFFICER ration, GHI\,4C d Urban Development te of Telangana The Principal Secretary, Municipal Administratio Department Secretariat Buildings, at Hyderabad, The Commissioner, Greater Hyderabad Municipal Building, Tank Bund, Hyderabad-TS The Deputy Commissioner, Greater Hyderabad Municipal Corporation, Circle No. 1 0, Phoolbagh, Chandrayangutla, Hyderabad-TS The Assistant City Planner, Town Planning Section, Greater Hyderabad tvlunicipal Corporation, Falaknuma, Circle No.10, Phoohagh, Chand rayangutta, Hyderabad-TS One CC to SRI NAZIR AHMED KHAN, Advocate [OPUC] Two CCs to GP FOR MCPL ADMN & URBAN DEV, High Court for the State of Telangana, at Hyderabad. [OUT] One CC to SRI RAPARTHI VENKATESH, SC FOR GHMC IOPUC] Two CD Copies cHe To 1 2 3 4 6 7 o PSK, GJP HIGH GOURT DATED:1910212025 ORDER WP.No.5118 of 2025 l , (r c o q t E SI4 /( 0 2 trtru * S I]AT cuF-o ,-. :-: DISPOS!NG OF THE WRIT PETITION WITHOUT COSTS @ zrlosll{