Bollu Seetarama Rao v. 1. The . State of Telangana

Petition under Article 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 an order, Direction or writ more particularly onb in the nature of writ of Mandamus declaring the action of 3rd and 4th Respondents interfering in the construction activity without following due process of law being lawfully carried out by the petitioners by obtaining valid building permit order vide No. 370866117131GHM312024, Dated. 16.02.2024 and vide work commencement letter no. 370866/GHMCl2434l2o24 dated 28.02.2024, pursuant to ptot No. 26 in survey No. 't 15 admeasuring 200 Sq yards, situated at Khajaguda village, serilingampally circle 20, Serilingampally Mandal, GHMc, Ranga Reddy District, Telangana state is illegal arbitrary violative of fundamental rights guaranteed under constitution and consequenfly direct the 3rd and 4th Respondent not to interference in the petitioners' lavrrful construction activities, which are being carried out in compliance with the permissions granted by the appropriate authorities !n Plot No. 26 in survey No. '1 15, situated at Khajaguda Village' Serilingampally Circle 20, Serilingampally Mandal, GHMC, Ranga Reddy District' Telangana State lA NO: 'l 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 the 3rd and 4th Respondent not to interference in the petitioner's lawful construction activities, in Plot No. 26 in survey No. 115, situated at Khajaguda Village, Serilingampally Circle 20, Serilingampally Mandal, GHMC, Ranga Reddy District, Telangana State pending disposal of the Writ Petition Counsel for the Petitioner: SRl. T. SRUJAN KUMAR REDDY Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2to4: SRI G. MADHUSUDHAN REDDY, The Court made the following: ORDER SC FOR GHMC HON'BLE SRI JUSTICE K. LN(SHMAN WRIT PETITION No.5320 of2025 ORDER: * Heard Sri T. Srujan Kumar Reddy, learned counsel for the petitioner and Sri G. Madhusudhan Reddy, learned stalding counsel appearing for respondent Nos.2 to 4. Perused the record.

2. Petitioner is claiming that he is the absolute owner and possessor of land admeasuring 200 square yards in Plot No.26 in Sy.No.l15 situated at Khajaguda Vi1lage, Serilingampally Mandal, within Greater Hyderabad Municipal Corporation limits,. on the strength of registered exchange deed bearing document No.l873/2O24 dated O1.02.2024. He has obtained building permit order dated 16.02.2024 and work commencement letter dated 28.02.2024 for construction of stilt for parking + 2 upper floors. According to the petitioner, he is proceeding with the construction strictly in accordance with the building permit order and work KL,J W.P.Iio.5320 of 2025 f 'i 2 commencement letter. Even then, respondent Nos'3 and 4 are interfering with the constructing being carried out by the petitioner without following due procedure laid down trnder law. Challenging said action of respondent Nos.3 and 4, petitioner hled the present wlit petition'

3. Whereas, Sri G. Madhusudhan Reddy, learned standing counsel appearing for respondent Nos'2 to 4 on instructions would submit that petitioner has obtained permission for constructioir of stilt + two upper floors and he has constructed four floors t-e., 2 additional floors unauthorizedly. Sai Vaibhav Colony Residentia-l Welfare Association has submitted a representation to the 3'd respondent alleging that petitioner is proceeding with construction unauthorizedty in violation of the building \ permit order d.ated 16.02.2024. On receipt of the said representation, dated 11.02.2025, 3'd respondent has inspected the site and found that petitioner is proceeding with construction and laying slab for 3'd and 4th floor and pent house unauthorizedly and converting stilt floor into KI,J w.P-No 5320 of 2025 3 Ground floor by constructing rooms. The same is unauthorized construction. Therefore, 3.d respondent has issued show cause notice dated 1g.O2.2025 by fixing heating on 24.O2.2025 aL t1:3O AM. +. Learned counsel for the petitioner would submit that he has not received copy of the said show cause notice. However, learned standing counsel appearing for respondent Nos.2 to 4 has furnished copy of the said show cause notice to tire learned counsel for the petitioner in the open Court. Learned counsel for the petitioner has also filed photographs, which would reveal the said unauthorized construction of 3.d and 4th floors and pent house.

5. In the light of the sarne, this writ petition 1S disposed of granting liberty to the petitioner herein to appear in the enquiry on 24.02.2025 at 11:30 AM as requested. by 3'd respondent vide show cause notice dated L8.O2.2O25. He sha_ll stop unauthonzed, construction I ,{ made by him over and above stilt for parking + 2 upper 4 I(L,J w P.'Jo 5320 of2025 X floors failing which the respondent Nos.3 anct 4 are directed to take action against the petitioner herein including seizing of the building etc. Liberty is granted to the petitioner to submit explanation to the show cause notice dated 18.02.2025, participate in the enquiry on

24.02.2025. Subject to the result of the said enquiry, respondent Nos.3 and 4 shall take action against petitioner herein strictly in accordance with the procedure laid down under the Greater Hyderabad Municipal Corporation Act, 1955. The 3'd respondent shall complete the said exercise within a periocl of (0a) weeks from the date of receipt of copy of this order.

6. With the aforesaid directions, this writ petition is disposed of. There shall be no order as to costs.

7. As a sequel, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. sD/-P. PADMANABHA REDDY ASSISTANT REGISTRAR ./ ./ /ffRUE COPY// ItF*uo OFFICER To,

1. The Principal Secretary, Municipal Department' Secretariat' T S-'Hyderabad' z iiiE b'.iii"ri'.,!.i"-"-.,r,'e idJii,i'iv["iiolo rr,rrn'rciiar corporation, Hyderabad. r,ilii$tif';+r,Jffi tr-siiliflffil3g,q'ffi ,',3,"3j'.uE3;Bs*lsx 6. i;; dcJi"-GP ion nrUr.ioba[ Aiinrtr{ts-rirnrloN AND URBAN " D'i(7fl6iMe-rlr .nig1, d;,ii;;i-h;'siJie of retansana, at Hyderabad touTl I i l I II

7. One CC to SRl. G. MADHUSUDHAN REDDY' SC FOR GHMC IOPUCI 8. Two CD CoPies BM BS w CC TODAY \ I t I /<..- (-., . \ - e . 1 , I t . '.', ,.:,!. ( 1. Zifti 1:$6 HIGH COURT DATED:21 10212025 ORDER WP.No.5320 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS e{