High Court · 2025

Afsar. S/o Mohd. Khaiser, A No.109, First Floor, Sun Hyderabad. oed about 42 years, Occ. Business, FUo Plot "lpi-rtr""rit, vettareoavguda, Ameerpet' ...PETITIONER AND .l.ThestateofTelangana,Rep.byitsPrincipalsecretary(MAUD)'Secretariat' HYderabad.

2. Greater Hydtyerabad Municipal Corporation' Rep' by its Commissioner' Tank Bund HYderabad.

3. Assistant City Planner, G-reater -' VouiufguOa, Circle No' '19, SLPZ'

4. The DePutY Yousufguda C Commissioner, Greater ircle No. 19, SLPZ. Hyderabad MuniciPal Corporation Hyderabad Municipal Corporat'lon, ...RESPONDENTS the Constitution of lndia praying that in the vit filed therewith, the High Court may be irection more particularly one in the nature of action of the resPondent No.4 in issuing 13-12-2024' vide Notice Petition under Article 226 of circumstances stated in the affida pleased to issue any writ' order or d Writ of Mandamus declaring the Speaking Order dated No.876/UCM101/c1g/TPS/GHwct2o24,inrespectofHousebearingNo'8-3- 167/l , admeasuring l gg Sq Yards or 'l 66 Sq fvleters' situated at Enagadda' Yousufguda, Hyderabad, without following the due procedure which is contemplated under law and affording an opportunity of hearing and notice' as illegalandarbitraryandbesidesinviolationofPrinciplesofNaturalJusticeand also in violation of Articles 14' 21 and 300-A of Constitution of lndia and also contrary to the provisions of the GHMC Act' '1955' and to consequently set aside the Speaking t]rder dated 13-12-2024, v de Notice No.B76/UCM101,iC'')/TPS/GHMC|2024, passed by respondent llo.4 in respect of petitioner's prope:rty i.e., in respect of the of House bear ng No.B-3-167/1 , admeasuring 199 Sq.Yards or 166 Sq.Meters, situatec ,lt Erragadda, Yousufguda, Hyde,raL,ad, including the direction to the respondenls herein not to take any coercive a:t on lA NO: 1 OF 2025 Petition unde,r Se:tion 151 CPC praying that in the circrnrstances stated in the affidavit filed rr support of the petition, the High Court may be pleased to suspend the Spr:aking Order dated 13-12-2024 vide N,rtice No.876/ UCAIV101/C19/TPIS/r?HNIC/2024 passed by the respondent No..: in respect of petitioner's propedy i.e., in respect of the of House bearing No.B-3-167i1 , admeasuring 199 iq.Yards or 166 Sq.Meters, situated at Erragadda, Yousufguda, Hyderat ad including the direction to the respond,3n s herein not to take any coercive a:t on pending disposal of the above writ pet tic n. Counsel for the Petition,er: SRI SHAKERA BANU Counsel for the Rer;pon,Cent No.l: GP FOR MCPL ADMN URBI\N DEV Counsel for the Re:;pon,Cent No.2 to 4: SRI G.MADHUSUDHAN REDDY, SC FOR GHMC The Court made the lollowing: ORDER THE HONOURABLE SRI JUSTICE K' LAIGHMAN WRIT PETITION No. 7101 OF 2025 ORDER: Heard.smt.shakeraBanu,learnedcounselforthe petitioner and Sri G'Madhusudan Reddy' learned Standing Counsel appearing for respondent Nos'2 to 4'

2. Petitioner herein is claiming that he is the absolute owner and possessor of house bearing No' A4-167 ll, admeasuring lgg square yards' situated at Erragadda, Yousufguda' Hyderabad within GHMC limits on the strength of a registered Sale Deed uide f)ocument No'4319 With an intention to construct a of 2Ol7 dated l4'O7 '2017 ' an old house, he has obtained new house bY demolishing building permit order dated 23'05'2024 for construction of Stilt for Parking + two uPPer floors and also work According to the commencement letter dated 0|'06'2024 two slabs. He is proceeding with petitioner, he has laid accordance with the said building construction strictlY in permit order and work commencement letter' Even then, 4n respondent has issued a show cause notice dated l9'tl'2O2+ 2 KL,J W.I'.Aro. , 101 of 2O2S stating tha[ ,re has inspected the site and observec that the petitioner irs rro<:eeding with construction in deviati,n to the salctioned Plrrn of Stilt + two upper floors withou t leaving mandatory s€rbacks in the subject property. Seven <:r,ays time was granre,C 'o the petitioner. He has not submitted any explanation . i'herefore, 4th respondent has passed a ,;peaking order dated .. .L'.2.2O24 directing the petitioner to rer.nove the unauthorizect co:estruction within 15 days. H,: has not removed. Th:refc,re, 4t respondent has removed the r#tbacks and deviate,C uortion on 19.O2.2O25. Thereafter, petitioner has submitr.crl an application dated. 22.02.2025 to the 2.a respondent rl,ir_t e. request to., regulariz,e the said unilu thorized construction ir r terms of Sections 4554 and 455A1\ of the Greater Hlrcle rirba.d Municipal Corporation Act, l()5:;. The same was nor considered. Respondent Nos.3 an<: 4 are threatenin5l tlrr petitioner to demolish the subjecr p-operty. Challenging lh: said action of respondent Nos.3 and 4, petitioner filed lhe present writ petition. 3' [rr 6r:rragraph No.S of the writ affrdavit, petitioner has specili<:allr cr,ntended that 4th responden t has already 3 KL,J i.e.tto.rtot o7 2ozs demolished the deviated portion of the construction pursuant to speaking order dated l3't2'2}24 and that he has submitted an application dated 22'02'2025 seeking regularization of the said unauthorized construction' He will proceed with the construction strictly in accordance with the building permit order dated 23'05'2024 and work commencement letter dated 0|'06'2024'

4. t earned counsel for the petitioner fairly submits that petitioner will submit a representation to 4th respondent with a request to consider the setbacks' inspect the site and permit the petitioner to proceed with the construction in accordance with the building permit order dated 2315'2024 and work commencement letter dated Ol '06 '2024 '

5. In the light of the same' this Writ Petition rs disposed of granting libertY to the Petitioner to submit a representation to 4tt' respondent stating that 4tn respondent has already removed the deviated portion pursuant to speaking order date 13'12'2024 and that he will proceed with the construction strictly in accordance with the building 4 KL,J W.P.Ito.:101 of 2025 permit order dated 23.05.2024 and work comm()ncement letter dated l.\1.06.2024 within one (01) week from today. On receipt of th( same, 4tt' respondent shall inspect the subject property an.cl f Fretitioner is proceeding with the con struction strictly in il,:r or<lance with the building permit orcler dated 23.05.2024 and work commencement orcler. dated O1.06.2024 tr,: 56111 permit the petitioner to proceed with the sarne. He h zr r; t,t specihcally consider the conten tion of the petitioner t.hzLr 4rh respondent has already demolir,rhed the deviated pori,)n of the construction pursuant to speaking order datecl 13 I2-2O24. On satisfying the s€rme, 4rh respondent sh rll consider the representation and dispose it of. He shzrll r:--mJrlete the said exercise within four (0,,t) weeks from the datr ,rf r.eceipt of the said representation. l..ill then, petitioner is cl rre<;ted not to proceed wit.Il the corrsl.ruction, failing whichL li:er.ty is granted to respondent Nos.li and 4 to take actior: ;r11ains;t the petitioner. Subject to outc.me of the said enquin,, p etitioner shall proceed with the consl.ruction strictly in a<x',r rdzrnce with the building permit orrle r dated 23.O5.2024 ,:nd work commencement letterr dated 5 KL,J W.P.No.7101 of 2025 0L.O6.2O24. Till then, respondent Nos'3 and 4 are directed not to proceed further pursuant to speaking order dated

13.t2.2024. Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs' I To, //TRUE COPY// SD/. T. JAYASREE ASSIS ANT REGISTRAR CTION OFFICER , State of Telangana. 1. The Principal Secretary (MAUD), Secretariat, Hydera 2. The Commissioner, Greater Hyderabad Municipal Corporation, Tank Bund Hyderabad.

3. The Assistant city Planner, Greater Hyderabad Municipal corporation Yousufguda, Circle No. 19, SLPZ.

4. The Deputy commissioner, Greater Hyderabad Municipal corporatbn, Yousufguda Circle No. 19, SLPZ.

5. One CC to SRI SHAKERA BANU, Advocate [OPUCI 6 One CC to SRI G.MADHUSUDHAN REDDY, SC FOR GHMC [OPUC] 7. Two CCs to GP FoR MCPL ADMN URBAN DEV, High Court for the State of Telangana at Hyderabad [OUT]

8. Two CD Copies BSR GJP c]\p HIGH COURT DATED:0710312025 ORDER WP.No.7101 of i1025 rt S -Ar t' 30 t'lpl 2[25 ( , z o ) (.) ?e 'i. #G $ F-TH E-+IRTT_PE-TIT]ON, --- WITHOUT COSTS eS1,+"