Ramesh Chandra Soni v. 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 a Writ, order or direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of Respondents No.3 and 4 in conducting an inspection of the building prem_ises situated at H. No. 15-2-147 lo 149, Maharaj Gunj, Hyderabad, without prior notice, as illegal, arbitrary, capricious, and in gross violation of the principles of natural justice, the guidelines laid down by the Hon'ble Supreme Court in ln Re. Directions in the matter of demolition of structure, 2024 INSC 866, and the fundamental rights guaranteed under Articles '14, 19, and 3004 of the Constitution of lndia. Consequently, direct the Respondents to strictly adhere to due process of law by issuing a prior notice to the Petitioner before conducting any structural inspection, survey, r)r similar activity, and to furnish cocies of € ll orders passed by the competent :ruthority in that regard to the Petitioner irr the interest of justice. lN THE Alter nate. lA NO: 1 OF 2025 Petition undr>r' Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High rlourt miiy be pleased to restrain Responderrts from conducting any further insprections or initiating any action in relation to the subject premises, except in strict Comqrliance with due process of law and upon prior written intimation to the petitionerr, and only with the leave of this l-lon'ble Court, pending final disposal ,:f fl.re present Writ Petition, in the interest of justice. lN THE Alternate. Counsel for the Petitioner: SRI AADESH VARMA Counsel for the Rer;oondent No.1: GP FOR MCPL ADMN URBAN DEV Counsel for the Re:;pondent No.2 & 4: SRI ARUN KUMAR, SC FOR GHMC Counsel for the Respondent No.3: SRI K.PAWAN KUMAR, SC F()R HYDRAA The Court made ther following: ORDER THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAXA UIRIT PETITION No.15374 of 2o25 ORDER: This writ petition is hled seeking the following prayer:- ".....to issue a Writ order or direction more particularly one in the nature of WzuT OF MANDAMUS declaring the action of Respondents No 3 and 4 in conducting an inspection of the building premises situated at H No 152L47 to 149 Maharaj Gunj Hyderabad without prior notice as illegal arbitrary capricious and in gross violation of the principles of natural justice the guidelines laid down by the Hon ble Supreme Court in In Re Directions in the matter of demolition of structure 2024 INSC 866 and ttre fundamental rights guaranteed under Articles 14 19 and 3O0A of the Constitution of India Consequently direct the Respondents to strictly adhere to due process of law by issuing a prior notice to the Petitioner before conducting any structural inspection survey or similar activiry- and to furnish copies of a-ll orders passed by the competent authority in that regard to the Petitioner in the interest ofjustice IN THE Atternate pass..."

2. Heard Mr,Adesh Verma, learned counsei for the petitioner, Mr.Arum Kumar, learned Standing Counsel for respondent Nos.2 & 4 and Mr.K.Pawan Kumar, learned Standing Counsel for respondent No.3.

3. It is the case of the petiticner that the petitioner is the absolute owner and possessor of property bearing H.No.15-2- 147 to 149, situated at Maharaj Gunj, Hyderabad, having .Fr' 2 NBKJ w.P No.15374of 2025 acquired th: same by way of succession vidt: will dr'ed <lated,

20.t2.1"994.

4. Leamerl counsel for the petitioner further submi[s that on 2O.O5.2O25, a group of individua-ls claiming to be c,ffi:ials from City PlannirLll Department of the Greater Hyderabad rMunicipal Corpora.tion, l,isited the aJoresaid premises. and < ronducted inspection f.lr the purpose of assessing the structura: strength and saflt:ty of the building.

5. The gri,:vance of the petitioner is ttrat withot tt is,suing any notice c,r oflice letter, respondents inspected t-he serid premises which is arbrtrary, illegal and violation of principles ,>f natural justice. Challenging the said action of r-espond:tns. the petitioner hled the present writ petition.

6. In vierv of the above, this Court deems it applrpriate to direct the -t:spondents to follow due process of li rw before initiating arli action against the petitioner €md till then, the respondents are also directed not to dispossr:ss thLe petitioner from tl-r. abo',,e said premises- 3 NBK,' W-P. No,15374 of 2025 7 . With the above said directions, this writ petition is disposed of. There shall be no order as to costs. Miscellaneous applications, if any, pending in this writ petition, shall stand closed. //TRUE COPY// SD/- T.TIRUMALA DEVI EPUTY REGISTRAR SECTION OFFICER The Principal Secretary (Municipal Administ o ) Govt. of Telangana, Secretariat, Hyderabad, State of Telangana. The Commissioner Greater Hyderabad Municip a Corporation, HO, Tank Bund Road, Hyderabad The Director, Hyderabad Disaster Response and Assets Monitoring Protection (HYDRA) The Asst No.'14 Goshamahal, 3rd floor, G HMC parking complex, Abids, Hyderabad One CC to SRI AADESH VARMA, Advocate [OPUC] One CC to SRI K.PAWAN KUMAR, Sc FoR HYDRAA [OPUC] One CC to SRI ARUN KUMAR, SC FoR GHMC [OPUC Two CCs to GP FOR MCPL ADMN UR BAN DEV, High Court for the State of Telangana at Hyderabad [OUT] , 6 and 7th floor, Buddha Bhavan, Hyderabad City Planner, The Gre ater Hyderabad Municipal Corporation. Circle To, 1 , J 4 5 7 8

9. Two CD Copies BSR Ft- I I I I VACATIIf,N COURT HIGH COURT DATED:2810512025 ORDER WP.No.15374 ot 2025 q 'J o - --=4" ,, Y STAT6 ll I itlii zfifi 1 t .)1 ST,AtC\ t ( Pz a .: DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 1z-co(fd Y\- ;r{,5