High Court · 2025

Smt. Sappidi Raii, Wife of Sri Arogya Swamy, Aged 43 years, Occupation. Business, Resid-ent of 2-49, Sd;:tia; C;lony]"3ururrr, euthbuilapur, Medchal [vlalkajgiri District. AND ...PETITIONER 1

2. J.

4. The State of Telanoana, Rep. by its principal Secretary, Ar,lunicipal Administration and Urbin qi:vgrgomef o"pt.'s".iJirliat, Hfi ;;jbad : -c6-m'i-issioner, The crealer Hvderabad vunicrf ai corp"iiii"",- n"p. uy iiJ Municipat Buitdihg, Tank Bund nbao. rivleiaLi;: ''"" I he- Deputy commissioner, GHMC, 'circre 26, Gajuraramaram, lrredchar I\ilalkajgiri District. |[:rtir, City Planner, GHMC, Circte 26, Galutaramaram, Medchat [\ztatkajgiri Sri P..Venkatesh, S/o. Late. p.Mahender, Aged. 39 years, Occ.Business, R/o. H. No. 5- 1 1 5, Bhavani nagar, Near p-oiAam-mi fim6t", dr;;;; e;t,;;;: Qutbulapur Mandat, rr/edchaiMatkajgirt Diiifti. - '"' ...RESPONDENTS Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a Writ, Order or direction, preferably a Writ in the nature of [\randamus, decraring the action of the respondent No 2 in issuing the Proceedings No. 1779lTpsrHorcHMcr2o2s dated 22.0s.2o2s, canceiling the Building Permit No. 421281fi2sstclhct2o24 dt. or.oB.2024 in Fire No. 4212811GHMC113212r2o24, issued in favour of the petitioner in respect of the property admeasuring 100 Sq. yards bearing prot No. g6/part (East side portion), in sy. No. 105/1 , Suraram Viflage, Gajuraramaram circre, euthbulapur Mandar, Medchal-Malkajgiri District, as being iflegar, arbitrary, contrary to raw, viorative of / Articles 14,21 and3o0 A of the Constitution of lndia and conseqtrerrtly' set aside the same IANO:1 OF 2025 petition under s;()ction 151 cpc praying that in the crrcumsita.ces stated in the affidavit filed jn sup port of the petition' the High Court nray br: p eased to stay all further proceedinl;:; including demolition of the house corrst ucted on the subject property pur:; rant to the Proceedings No. 1 77qlTPS /H()/GHMC/2025 dated 22.05.202 5 iss.red by the 2nd respondent' pending disposa of the above writ petition Counsel for the Petitioner: M/s' SAPPADI RAJI REP ...._ SRI P. KRISHNAKEERTANA counserfor the Respondent No'1 : GP FoR HHIff&trtBHlXJ'i,1*ot'o* Counsel for the Re:spondent Nos' 2to4: SRI PUTTAr(RBS[|ffl;'*' Counsel for the Res;Pondent No'5: - The Court made the following: ORDER 7 THB ORDER: 1 HON' BLE SRI JUS TICE NAGESH BHE EMAPAKA wp_15286 2025 N8(, J WRIT PETITI ON No.l52 86 of2025 The sum and substance of the case of the petitioner, as per the writ affidavit, is that the petitioner is the owner and possessor of plot No.96lpart (Easr porlion), admeasuring 100 square yards, in Survey No' 105/l of Suraram vi[age, Gajularamaram circle, euthbulrapur mandar, Medchal-Malkajgiri District. She purchased the rand under a registered Sale Deed Document No.33079r2023 dated 12.12.2023 from its previous owner Mr.V.Vinod Kumar. Intially, the subject property of 100 square yards formed part of a larger extent of land admeasuring 225 square yards, and the previous owner vinod Kumar obtained buirding permission for entire extent, however, did not rrake construction and sold away the subject extent of 100 square yards to the petitioner. After purchase, the petitioner applied for construction permission, by enclosing necessary documents, and permission was given to her vide Building permit dated 07.08.2024, whereafter she proceeded with construction. While so, on an alleged complaint dated 21.10.2024 made by a third_party i.e., the 5th respondent herein, the 2nd responcrent-Commissioner issued a Show cause notice dated 09-05.2025 to the petitioner, and the petitioner submitted explanation dated 14.05.2025. However, the 2"d respondent passed impugned order dated 22.05.2025 cancelling the Buirding permit dated 07 -08.2024. It is the grievance of the petitioner thar she submitted explanation within the time stipulated in the show cause notice, and the same has been acknowledged by the authorities, however, her explanation has not been considered by the respondent authorities before passing the impugned order by solely relying on a complaint made by 5rh respondent, \ Yrf 15286-2025 NBK, J 1 who is a tl-rird prLrtl, claiming title and possessory ril3hts ove' an extent of 1024 square yanls in Survey No.105 of Suraram village' and further alleging thal the tr,etitioner obtained building permission b1 strppressing the fact of civil disp rtes in respect of the subject propeft)"

2. Heard Mrs. Sappadi Raji, teamed counsel firr tlie petitioner; and Mr.Putta Krishna Reddy, [earned Standing counsel tbr LiFl]\4C. Perused the record. At thr: hez.ring, learned Standing Counsel subnrits that .he authorities , will consider th: reply furnished by the petitioner on 14 05'2025, response to the tlhow cause notice dated 09.05.2025, and pass appropriate orders by follorring due procedure prescribed in law' d

4. Taking o r record the submission made by the lca 'ned Standing Counsel, the writ petition is disposed of directing the 2' respondent- Commissioner tc consider the reply dated 14.05.2025 and pt ss appropriate orders thereon, rr accordance with law, within a period of forrr weeks from the date of receiltt ol a copy of this order. The 2'd respondent shall afford an opportunity o'hearing to the petitioner before passing ordors' 5. The rvri. petition stands disposed of according y' No costs' Miscellaneous x)trtro qlpendlnc, il qny, shal[ slqnd qtoscd, IRUMALA DEVI SD/- '. DEPUW REGISTRAR SiE(;TION OFFICER //TRUE COPY// .T.l .:...- t \ To, Dept. Secrete riat, T.S.,HYderabad

1. The PrinciPi rl Secretary, MuniciPal Administra n and l.Jrb an DeveloPment 2. The Commi:; sioner,Greate r Hyd erabad MuniciPa Corcoration, MuniciPal Circle 26, Gaiulararnaram, Medchal 3. The DePutY Malkai giri Dis GHMC, Circle 26, Gaiularamaram' Nledchal Malkajgiri Bund Road, HYd erabad C, lommissioner, GHM t'ict st. Cit y Planner, Building, Tan<

4. The As : ?*l ".%: : j' E,^?8H-t',5fr =' SJii^^|!{ft1?l? A??i"' I A N p rq H ll":y'"'-.*t;lt['t+^?$lg*i;.tls;'lae*ar"'iltY3"J3Bidrour] 8. Two CD CoPit:s ', %r a N,l VACATION COURT HIGH COURT' NBK,J DATED:2810512025 ,t HE,:iTA re c-( ,|< o tlll JUN zffi .A * a:\ )1:q p416,t{ gO ORDER WP.No.15286 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ^.,(eh CUY Y,Y