High Court · 2025

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.4 in interfering into the peaceful possession and enjoyment of the House through vide No.2-4-72t3l4lc on part of Open Land, Admeasuring 800 Square Yards in Survey No.94 which is situated at Budvel (Upperpally) Village' GHMC Ra|endranagarCircle,RangaReddyDistrictandtryingtodemolishthehouseof the Petitioner without issuing any notice and without following the due process of law is illegal, arbitrary, u nconstitutiona I and violation of Articles 14, 15,21 and 300-A of constitution of lndia and also violation of Principles of Natural Justice and consequently direct the Respondent No.4 not to interfere into the peaceful possession and not to demolish the House of the Petitioner through vide House No.2-4-721314lC rrn [rart of Open Land, Admeasuring 800 Sr:uare Yards in Survey No.94 vih c tr is situated at Budvel (Upperpallv) \,/illage, GHTMC Rajendranagar Circl:, Ranga Reddy District without issuirrg z:ny notice and without following the, Jue process of law. lA NO: 1 OF 2025 . Petition unde. {iection '151 CPC praying that in the ci'cun stances stated in the affidavit 'iled n support of the petition, the High Cor-rrt n ay be pleased That this Responrlen: No.4 not to interfere into the peaceful f,oss,ession and not to demolish the Hour;e of the Petitioner through vide Hor.rse Na.1:'-4-72l3l4lC on part of Open Land. ,ldmeasuring 800 Square Yards in Survey ir,lo.94 which is situated at BuCvel (Llpperpally) Village, GHMC Rajendranagar Circle, Ranga Reddy District raritrcr,t issuing any notice and without followirrg tle due process of law. Counsel for the Pr-'tit,oner: SRI RAPOLU BHASKAR Counsel for the Respondent No.1: GP FOR MCPL ADMN & URBI,N DEV Counsel for the R,,.sFondent Nos.2 TO 4: SRI RAPARTHY VENKA,TESH, SC FOR GHMC The Court made the lollowing: ORDER TIIE HONOTIRABLE SRI JUSTICE B. VIJAYSEN RBDDY WRIT PETITION No.15734 oF 2025 ORDER: This writ petition is filed by rhe petitioner seeking to declare the action of respondent No.4 - the Depufy Commissioner, Greater Hyderabad Municipal Corporation (GHMC), Rajendranagar Circle, in trying to interfere with his property bearing H.No.2_4_7213/4/C on part of open land admeasuring g00 square yards in Survey No.94 situated at Budwel (Upperpally) Village, GHMC Rajendranagar Circle, Ranga Reddy District, and trying to demolish the same without following due process of law, as being illegal, arbitrary and unconstitutional.

2. Heard Mr. Rapolu Bhaskar, leamed counsel for the petitioner, and Mr. Rapar.thy Venkatesh, leamed standing counsel for GHMC, appearing for respondent Nos.2 to 4. 3 Petitioner claims to have purchased the subject propefty under registered sale deed bearing document No.56g9 of 2021 d,ated

11.06.2021 and approached respondent No.4 seeking mutation of his 2 name in the r-r'rurricipal records. Accordingly, his name r.rar; entered \ in the munic pai records in respect f the subject propeft).

4. Learnt:ri :ounsel for the petitioner submitted that t tere was small AC(l s,hr:tl constructed in the subject propefty ev:n b,ofore the petitioner pur,-'.hased the property. While so, at the instancr: of local politicians. r'lsllndent No.4 is trying to interfere with the p,rssession of the petiricner in respect of the subject property and :rlso trying to demolish the same, without issuing any notice, and cc,ntrary to the provisions of tre Greater Hyderabad Municipal Corporation Act 1955 (for sl^orr 'GHMC Act'). Petitioner has title to th,.) subject property ainrl :,tructures standing in the subject property were constructerl Lrr the vendor of the petitioner.

5. Learner<l standing counsel for GHMC, appear ing for respondent |'los..l to 4, submitted that as per his oral inslructions, during the enqt iry it was found that petitioner is pro,:eed ing with unauthorizr:d c<,nstruction in the subject property, anrl acr-ion was initiated for r,:nroval of the same. It is further submitted that due 3 process of law will be forlowed by GHMC authorities, while taking action against the petitioner.

6. However, learned counsel for the petitioner, submitted that so far the petitioner has not received any notice under the provisions of the GHMC Act.

7. In view of the above, the writ petition is disposed of, directing respondent Nos.3 and 4 not to interfere with the property of the petitioner i.e., H.No.2-4-72/3/4/c on part of open land admeasuring 800 square yards in Survey No.94 situated at Budwel (Upperpally) Village, GHMC Rajendranagar Circle, Ranga Reddy District, without following due process of law. Further, the petitioner is directed not to undertake any construction in the subject property without obtaining building permission from the GHMC authorities. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. I //TRUE COPY// SD/- K. REERAMA MURTHY PUTY REGI SECTION OFFICER To '1 . The Principal Secretary, Municipal Administration and Urban Development - Department MAUD, Secretariat Building, Secretariat, Hyderabad, State of Telangana.

2. The Commissioner, Greater Hyderabad Municipal Corporation, C.C Complex,

3. The Zonal Commissicnel, Greater Hyderabad [t'4unicipal Corporation, Tank Bund Road, Telangana, Hyderabad. Charminar Zone, Hyderabad -,"-' 4 q 6 7 o The Deoutv Oo r rrnissioner, Greater Hyderabad Municipal Oorp rration, Riiiendraira,rar (IHMC Circle, Rajendranagar, Ranga Reddy Eristrtct. one cc to stil ftAPOLU BHASKAR, Advocate [oPUCI iwo CCs b (iF' :OR IMCPL ADMN & URBAN DEV, High C;ourt for the State of Telanoarra, a t HYderabad. [OUT] ONE CC"tO SIII F{APARTHY VENKATESH, SC FOR GHIVC IOPUC] Two CD CoP e:; PSK. GJP 6 HIGH COIJRI' DATED:1110612025 ) ORDER WP.No.157:14 ot 2025 41, 5 i-,<l ;"€ 1 I JUii ?[I ((,(' : q ) ..). DISPOSING OF THE WRIT PET]TION WITHOUT COSTS e9.d" %{",