High Court · 2025

The State of Telangana, Rep' by its Principal Secretary' Municipal il;Idi*'ii;;na"uruan D6;;16;;i Dbpartment' Secretariat' Hvderabad The Greater Hyderabad Municipal Corporation' Rep' by its Commissioner' ijnk Bund Roid, HYderabad The DepuW Commissioner, Circle- 1 9' G1gqle^r^HVderabad Municipal i;;ir;;;di,, iouiutsuoa, Hvderabad -500038 Gullaoalli Sri Harsha. S/o. not known to tnEf6iitioner' Aoed about 46 years' R/o Flat No. 103, raratag,;i'ioilil'bil'Vid;'n Scnoot' Madhura Nasar' Vbr.rtgror, HYderabad- 500038' . ,$ ,....neseoNDENrs t Petition Under Article 226 of the Constitution of lrtlia praying that in the circumstancesStatedintheaffidavitfitedtherewith,ttpHighCourtmaybe pleased to issue appropr'ate or any other order or direction particularly one in the natureofWritofMandamusdeclaringtheactionofthe.3rdrespondentinnot permitting the petitioner to renovate the pent house beqring Flat No 60f in H' Nq.8-3-234lF-56/601 (F-56)' Kamalagiri Towers' situated in Sy' Ng' 19' Madhura Nagar, F Block, Plot No. 56 ( 1 and 2)' Yousufguda' Hyderabad' by considering the representation dated 25-1 2025 ' as arbitrary' illegal in violation of Article 21 of the Constitution of lndia' |.A.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 For the reasons stated ir the affidavit filed along with the writ petitiorr, the petitioner prays that this Honble Court may be pleased to direct the respondent No. 3 to I to renovate the pent house bearing Flat No. 601, in H. No.8; permit the petition€rr 3-2341F-561601 (F-56), Kamalagiri Towers, srtuated in Sy. No 19, Madhura Nagar, F Block, t']lct No. 56 ( 1 and 2), Yousufguda. Hyderabad, pendinq dlsposal of the writ petition. Counsel for the Petitioner : SRI MOHD ISLAMUDDIN ANSARI Counsql for the Respondent No.1 : GP FOR MCPL ADMN AND URBAN DEVELOPMENT goqnsel for the Respondent Nos.2 & 3 : SRI G.MADHUSUDHAN REEDY, SC FOR GF MC Counsel for the Respondent No.4 :- The Court made the following ORDER t\ IION'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.5254 oF 2025 ORAL ORDER: J Heard learned counsel for the petitioner and Mr. G. . Madhusudhan Reddy leamed Standing Counsel for GHMC appearing on behalf of respondent Nos.2 and 3.

2. The petitioner herein is clairning that he is the absolute owner and possessor of residential house bearing No.8-3-224lF- 56/601 (F56) (PTIN No.1100815575), adrneasuring 4108 square feet along with open terrace o1967 square feet with undivided ,f,u." otf SS square yards including cornrnon area in Sixth Floor of the Cornplex 'Karnalagiri Towers' in Survey No.l9, Madhura Nagar .F, Block, Flat No.56 (l and 2), situated at Yousufguda, Hyderabad, on the strength of a registered sale deed bearing docurnent_No.6 46i- of 2022, dated I1.10.2022. He is rnaking inremal repairs i.e., pipe leakages, darnper in walls and cracks etc. He is not doing any exterior.ftnstruction or alteration. Maintenance and repair do not arno-tint to rnaking , construction as per provisions of the Greater Hyder$ad Municipal Corporation Act, 1955 (for short, 'GHMC Act'). There is no need of obtaining prior pennission under Section - 433 of GHMC Act. He has also placed reliance on regularization proceedings issued by 2 Kl ,l \\'t'. No.il'r olloli respondent Nc,.:i datecl 18.03'2013' Without considering the said aspects, on the complaint lodged by respontlent No'4' respondenl. No 3 issued show cause rlotice dated 05'08 2024 uncier Sections - 4t2 (1) and 461 (1) olCiHMC Act on the ground that the petitioner is nraking unauthorized constructron of pent house by altering intemal walls without obtairling prior pennission The petitioner has submitted explanation dzLttxl 06.08.2024 stating that he is attending only rninor repairs and thcrr: is no need of obtaining prior pemrission lor tlre said repairs. Respondent No.3 also issued another notice dated 09 '1lr '2024 without consiclering the said explanation When respondent No: riitn the supporl of I'olice tried to demolish the construction in the r;ubject propefty, the p:titioner filed a writ petition lide W'P No'31195 of

2024.Videctderdatedl2.|l.2024,tlrisCourtdisposedoftlresaid writ petition ,Cirecting respondent No'3.-Jrerein to consicler the explanation datecl 14.08 2024 subrnitted hy the petitioner to the show cause notice rlated 05.08.2024 and also apptication dahd 0I I I 2024 subn.ritte<i by tlre petitioner uncler Sections - a55 (A) oid O" (AA) ol the GHMC .Act slrictly in accordance r"'ith law by putting the petitioner ancr. respondent No.4 herein on notice and al folding thern an opportunity. Ile shall cornplete the entire exercise rvitliin lbur (4) 3 Kt-J w l' No.5lt.1ofl0l5 weeks from the date of receipt of a copy of this order- Till then' this Courl directed respondent No.3 not to proceed with further pursuant to theshowcausenoticedated05.08.22024andthepetitionershallnot use pent house, failing which, liberty was granted to respondent No'3 herein to take action against the petitioner in accordance with law'

3. Though this Courr directed respondent No 3 to cornplete the aloresaid exercise within lour (04) weeks, he has not issued any notice fixing enquiry. Theretbre, the petitioner has subrnitted a representation dated 25.01 2025 to respondent No 3 with a requesS{o penrlit hinr to undeftake renovation of flat as per the regularization proceedings clatecl 18.03.2013 ancl depute any responsihle Officer for supervision. He witt not unde(ake any additional or alteration contrary to the regularization proceedings' Despite receiving and acknowledging the said representation, "6itltnt No'3 did not act upon the satne. $

4. Mr. G. Madhusudhan Reddy, learnecl Standin! Counsel for respondent Nos.2 and 3, on instructions, would subrnit $ht respondent No.3 wilt cornply with the directions issued by this Court vide order dated 12.1 1.2024 inW.P. No.3l 195 of 2024. Subject to the result of t t I KI-.J \\' l'. No ::i.l ol l0l5 l. tlie sarne, respondent No.3 will consider the representation dated

25.01 .2025 t

5. In rhc light of the above said subrnission, this rvrit petrtion is disposed ofdirecting respondent No.2 to comply rvith the order dated

12.11.2024 in S/.P. No.3l 195 of 2024 within two (02) weeks fiorr tl.re date of receipr: )f copy of this order and subject to the result ol the sarne, respon,lent No.3 shall consider the representation dated

25.01 .2025 rvith.in tr.r,o (02) rveeks thereafter. In the cLrcumstat'Lces of the case, thele shall be no order as to costs. As a sequel thereto, lniscellaneous petitions, if any, pending in this writ petitiorr shalI stand closed SD/-A.V.S. ASSTSTANT RE PRASAD GISTRAR / //TRUE COPY,, SECTION O F To

2. 3 4 5 6 7 SA BS il:m{i:':,:'"'ru#jffi iffi'fili;{l#'''"{#"fr .:;:ffij $gff6,;;;rff.5$t,m'-' w Two CP CoPies HIGH COURT J DATED:21 t0212025 ORDER WP.No.5254 of 2025 rl}t ( q J o O gE STA I 1 t a' {1 4 l\lAi i025 ,i J t D5.gpLrr-vt(\ DISPOSING OF THE W.P WITHOUT COSTS. 1\ 5 1)