Ganta Srinivas 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 a Writ of lt/landamus declaring the action on the part of the Respondent No.3 in impugned Show Cause Notice No. issuance of 1/586/TPSM'1 1lC12lKZlGHl,ACl2l2s, dated. 1610112025 to the petitioner thereby proposing to demolish the petitioner's property i.e. 2nd and 3rd floor of premises bearing its municipal number. '1 'l-1-586, New Bhoiguda Kaman, Aghapura, Hyderabad, Telangana in-spite of showing entire documentary proof including the Regd title deed, links and plan by the petitioner herein as illegal, unjust, arbitrary, capricious and against the principles of natural justice and consequently set aside the impugned notice by directing the respondents not to demolish the same without following the due process of law. : .#'-7 .-/ // lA NO: 1 OF 2025 Petition under Section 15'1 CPC praying that in the ;ircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the impugned Show Caustr Notice No. 1/586/TPSn/V'1 1lC12lKZlcHMCl2025, dated 16tO112025 :hereby restraining the respondent authority not to demolish the petitioner's prop€rrty i.e. i.e. 2nd and 3rd floor of house bearing its municipal number. i'1-1-586, I{ew Bhoiguda Kaman, Aghapura, Hyderabad, Telangana pending disposal of the ,nain writ petition. Counsel for the Petitioner : SRI MOHD ABDUL eAVl ABBASI Counsel for the Respondent No.1 : GP FOR MCpL ADMN URBAN DEV Counsel for Respondents No.2&3 : SRI M.ARUN KUMAR, SC FOR GHMC The Court made the following: ORDER HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITIO N No.15592 OF 2025 SDEE:(oRAL) This writ petition is flled by the petitioner seeking to declare the action of respondent No.3 in issuing show cause notice dated

16.01 .2025, whereunder he was called upon to submit his reply within seven days as to why the unauthorized 2nd and 3'd floors raised by him in the premises bearing H.No.11-'1-586 situated at Bhoiguda Kaman, Aghapura, Hyderabad, should not be removed, as arbitrary and against the principles of natural justice.

2. lt is submitted that the petitioner is the owner of a house, admeasuring 30.93 square meters, bearing Municipal No.11-'1-586 situated at New Bhoiguda Kaman, Aghapura, Hyderabad. He approached the Municipal authorities for building permission, but he was informed that no permission is required as the property is less than 100 square meters. Thereupon, the petitioner carried out renovation work in the property which was in a dilapidated condition. After completion of renovation work, some of the local politicians, who had grudge against the petitioner, started harassing the petitioner and, at their instance, the impugned show cause notice was issued. ,1 2

3. Heard Mr. M.A. Qavi Abbasi, learned counsel ,br the petitioner, and Mr. M. Arun Kumar, learned Standing Cour,sel for GHMC, appearing for respondent Nos.2 and 3 and perused the material available on record.

4. Learned counsel for the petitioner submitted titat the petitioner :1 is an illiterate and though he went to the office of respondent No.3 to submit reply, his reply was not received. Thus, the impugned show cause notice is arbitrary and in violation of principles ol natural justice.

5. Learned Standing Counsel appearing for respondent Nos.2 and 3 submitted that the petitioner admittedly construcl:ed unauthorised 2nd and 3'd floors. The writ petition is premature. lnstead of submitting reply to the show cause notice, the petitioner has filed this writ petition even before any speaking order is passed.

6. Considering that the property is admeasuring 30.93 square meters and the reply of the petitioner is allegedly rot received by respondent No.3, in the interests of justice, it would be appropriate to permit the petitioner to submit reply to the impugned sl'row cause notice dated '16.01 .2025.

7. Accordingly, the writ petition is disposed r:f directing the petitioner to submit reply to the impugned show cause notice within . .;i:-" jr UxIr i ':-1's,- 7 .. .-t. . t '/ 3 seven days from today. On receipt of reply, respondent No.3 shall pass orders by giving opportunity of hearing to the petitioner. Until such exercise is done, respondent No.3 shall not take any coercive action against the petitioner. The petitioner is also given liberty to submit necessary application to the concerned authority for regularisation of unauthorised construction. lf such application is filed, the same shall be disposed of in accordance with law. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. //TRUE COPY// SD/.MOHD. ISMAIL DEPUW REGISTRAR SECTION OFFICER

1. The Principal Secreta Department, State of [\/un icipal Adm inistrati on an Urban Development Telangana, Off at. Secretariat at Hyderabad

2. The Commissioner, Grealer Hyderabad lv'lunicipal Corporation, At Tank Bund, Hyderabad, Telangana.

3. The Deputy Commissioner, Circte No.12, lrlehdipatnam Zone, GHI\/C, Hyderabad, TS 4 One CC to SRI IUOHD ABDUL QAVI ABBASI, Advocate. [OPUC] 5 Two CCs to GP FOR I/CPL ADN/N URBAN DEV, High Court for the State of Telangana. [OUT] 6 One CC to SRI M.ARUN KUIVIAR, SC FOR GHIVC. IOPUC] 7. Two CD Copies. BSK BS \ To, W HIGH COURT DATED:1010612025 1Ht-'SIal e. (o 1B ilN zffi z a DFr' * ORDER WP.No.15592 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS iN $ t