M/s Spyns Motors 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 appropriate Writ, Order or Direction, more particularly one in the nature of writ of Mandamus, declaring the action of Respondent No.3 in issuing the impugned notice vide Notice No.1 83P/UC/TPS/C20 M .1O4IS;LPZI2O25 dated 18.04.2025 (in favour of Sandeep Chowdhary) for demolition without issuing any prior notice of the Petitioner Plot No.183, in Sy.No.S, situated at BNR Hills, Raidurg, Panmaktha Village, Serilingampally Mandal and directing to remove the construction withing 1 5 days from the date of receipt of this impugned notice as illegal, arbitrary, violative of Article 14,21 and 300-A of the Constitution of lndia. lA NO: 1 OF 2025 Petitionundl'l;'?ctionl5lCPCprayingthatinthecircumsterncesstatedin the affidavit filerl in r;,: :oort of the petition, the High Court may be pl':ased to grant stay of all further prc : r:edings pursuant to Notice No 183P/UCTTF'S/ C20M'104/ SLPZ2O25 dated 1a,.)+.2025 in respect of the premiseb bealng fi'lot No"l83' in Sy.No.5, situated irt BNR Hills, Raidurg, Panmaktha Village {:;erilingampally Mandal, Ranga ReCJ, !.)istrict pending disposal of main writ Petitiorr in the interest of justice. Counsel for the Pr:tit oner: SRI S.LAKSHMI KANTH Counsel forthe Rer;p ondent No. 1: GP FOR MCPL ADMN URBAN DEV Counsel for the R,e:;F ondents No. 2 & 3: G.MADHUSUDHAN REDDY, SC FOR GHMC The Court made the ' rllowing: ORDER t, a THE HON'BLE SRI JUSTICE K. LAKSHMAN WRI T PETITIONNo. 14066 of 2025 ORDER: Heard Sri S. Lakshmikanth, leamed counsel for petitioner Sri G. Madhusudhan Reddy, leamed Standing Counsel for Greater Hyderabad Municipal Corporation (GHMC) appearing for respondent Nos.2 and 3.

2. Petitioner is the lessee of plot No.l83, admeasuring lZ5O Sq.yards in Survey No.5/3 situated at Raidurg, panmaktha Village, Serilingampally Mandal, Ranga Reddy District. While the matter stood thus, 3'd respondent has issued proceedings dated 18'04.2025 in favour of Mr. Sandeep Chowdary, neighbour of the petitioner' owner of plot No.183, part in Survey No.5 situated at BNR Hills, Raidurg, panmaktha Village, Serilingampally Mandal, basing on the complaint dated 06.01.2025 lodged by one G.V. Naidu stating that the said Sandeep Chowdary has constructed a shed in plot No.183 partin Survey No.5 situated at BNR Hills, Raidurg, panmaktha Village, Serilingampally Mandal, without obta;ning any permission from GHMC authorities. According to the petitioner, the said proceeding was served on the 2 KL, J !v - \c 14066 of2025 watchlnall r l' petitioner. Therefore, under th e p,uise of impugnec lrroceedings dated 18.04.2025 i;sr,ed by 3'd respor c ,: rt., GHMC authorities are trying to dispossess the petitioner 1r< ttt the subject property. Challenging tirr: s tme. the present \\ rrt l',-'tition is filed.

3. Sri (;i Vadhusudhan Reddy, leamed Stancling ilounsel appearing 1o respondent Nos.2 and 3, on instructicns. would submit thar 'he owner, the lessor of the pelitiorrer has constructe,l he subject property without obtaining prior permissior fi rm GHMC. He has brought to the notrce of this Court abor t p :udency ofa Land Grabbing Case.

4. Adnr tr :dly, in the present case, impugned procrrsding5 dated 1ii.0.1.2 )i.5 are issued without putting the petrtioner and its lessor' ,t r hearing. 'f tr

18.04.2025 is principles cf r rrotice and affording them an opportutrity of r t)fore, the impugned procecdings dated rued by 3'd respondent are in virlatjon of irtural justice and also the procedure Ii,td down under the [ir r;rter Hyderabad Municipal Corporat orr Act,

1955. :i.el:t) r::i,,-.. . J. ' -: .'.l - -.. KL, J P.No.14066 of 2025 . ..' ' -.;

5. Therefore, without going into the merits and demerits of the case, only on the said ground, the impugned proceedings dated 18.04.2025 issued by 3d respondent are set aside and the Writ Petition is disposed of. However, Iiberty is granted to 3'd respondent to issue fresh notice to the petitioner, lessor of petitioner and Mr. G.V. Naidu, complainant, and at whose instance, the impugned proceedings are issued, and afford them an opportunity of hearing, and pass orders strictly in accordance with law. However, 3.d respondent shall complete the said exercise within a period of six (6) weeks fiom the date of receipt of copy of this order. Liberly is granted to petitioner and its lessor to submit all the relevant documents and cooperate with 3'd respondent in concluding the enquiry. Till then, 3'd respondent is directed not to proceed furlher pursuant to the impugned proceedings dated rg.04.2025.There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed To, //TRUE COPYII SD/- A. SREENIVASA REDDY AS ISTANT REGISTRAR SECTION OFFTCER

1.Principal Secretary, Secretariat, Municipal Administration and Urban Development Department, The State of Telangana, Hyderabad. 2. The Commissioner, Greater Hyderabad Municipal Corporation Telangana. -*&!&l:.nr,': I

3. The Deputy Cornr r ssioner, Greater Hyderabad Municipal Coriror31i6n, 6;r";" - 20, Serilingarncr iyr Circle, Serilingampally, Hyderabad. 4. One CC to SR :. .AKSHMI KANTH Advocate tOpUCl 5. Two ccs to GP F l)R MCPL ADMN URBAN DEV ,High courl f,r tre state of \ Telangana. [Ol.j T]

6. one cc to G.l\L\t tlusuDHAN REDDY, sc for Greater Hyderrbz'd Municipal Corporation footJ ] I

7. Two CD Copie ; BGS ry- ---=:-- HIGH COURT DATED: 921g5l',,t025 r' I l ORDER WP.No.14066 of 2025 , I It- S 14 /6 K,<' lt, ll' \i "/. l')/ .\\ il2 Ur" 2025 ':: €r:;,4.'sr^ \ =:::_._ C( a C i J+ DISPOSING O''' THE WRIT PETITION WITHOUT COlIiTS 1 l,/ v il 1 t.'