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 a Writ of Mandamus or any other appropriate writ declaring that the action of the respondents l and 2 in issuing the impugned notice No. 245l8t9l22tACPITPS/C9/CHRZIGH\\AC12025, dated 09. 06. 2025 called upon the petitioner to stop the construction work in respect of a non- existing H. No. 22- 8- 24518, Yousuf Bazar, Nayapul, Hyderabad when the petitioner is carrying on the construction activity in H. No. 22- 8- 257 of Yousuf Bazar, Hyderabad, is arbitrary, illegal and unsustainable in law and direct the respondents not to interfere with the construction activity of the petitioner in respect of H. No. 22- 8- 257, Yousuf Bazar, Hyderabad- f* '# lA NO: 1 oF 2025 Petition u ncle' in the affidavit filed i direct the resPo rrc e petitioner over tl'e' situated at Yousuf B; petition. ij rotion 151 CPC praying that in the circunstirnces stated r i,rpport of the petition, the High Courl ma)' b= pleased to It i r ot to interfere with the constructiorr activity of the r lrir;ipal H. No. 22- B- 257 admeasuring 1':'1 sq yards rzar, Hyderabad in any manner' pending dispo:"al of the writ Fon'Mis eHannDwAJ ASSocTAJES- Counsel for the Petit rtner: SRI VEDULA VEry$IISAMANA' SENltf,R counset ror the Res p',nt#il::L'' ;ii Counsel for the ResP'>ndent No'3: GP FOR lgI.E . counsel for the R'"sp'rntil'i;';' ;'P ;oR MPcL ADMN & URBAI{ DEV The Court made th€ f :llowing: ORDER ';lii{+i HP#RrHl ^ - vE NKAT EtiH' sc FoR HONOURABLE SRIIUSTICE B. VIIAYSEN REDDY WRIT PETITION No.1 6024oF 2025 ORDER:(ORAL) This writ petition is filed by the petitioner seeking to declare the action of respondents No.l and 2 in issuing the impugned notice No'245l8l8l22lAcp/wsrcgrcrrRz/GrrNrc/2025 dated 09.06.2025 calling upon him to stop construction work in respect of non_existing H.No.22-8-245l8, yousuf Bazar, Nayapul, Hyderabad while he is carrying out the construction work in H.No.22_g_257, yousuf Bazar, Hyderabad, as being illegal, arbitrary and unconstitutional.

2. Heard Mr. Vedula Venkataramana, learned Senior Counsel, appearing for M/s Bharadwaj Associates, leamed counsel for the petitioner; Mr. Raparthi venkatesh, leamed standing counsel for GHMC; and perused the material on record.

3. The case of the petitioner is that the subject property in this writ petition bears H.No.2 2-8-257 admeasuring l4l square yards, yousuf Bazar, Hyderabad which was purchased by him from its previous owner Mr. Hameeduddin Quadri under agreement of sale_cum_general power of attomey (with possession) dated 07.12.2017. It is stated that the vendor of the petitioner obtained building permission from the respondent \,-\ I 2 authorities itr r0Istruction of residential house way back ol (t3'05 2013 ' That when th: -'t titioner started making alterations/repairs to the subject property, at tht lrehest of third party by name Mr' Mohrnnred Anwar' issued notice No'24 5l8l8l22lACPlll)S C9/CHRZ/ respondent )'l I GHMC/2025 crted 09.06.2025 to the petitioner and he was directed to stop constflrctic,r r u'ork in H.No'22-8-24518, sifuated at '[orrsuf Bazar' Nayapul, Charrl nar, Hyderabad and submit copies/details of'ownership' Leamed senio- lounsel submitted that the house of the peti'.ioner bears H.No.22-8-2 j;. l nd there is no municipal house with I{.Nio.21'-8-24518 as mentioned in . lrt: impugned notice' At the instance of third pady' therespontlerl.GHMChighhandedlystoppedtheconstructionactivity. It is submitter thal the petitioner is no way concemed *'ith H'No'22-8- verifring 24518 arrd '(sIr,rrdcnt No'1 issued the impugned notice ri'ith< 'ut the house tlunr r3rs. Thus, the impugned notice is vague im<l liable to be set aside.

4. Leatnerl Sranding Counsel for GHMC subn"ittrrd that on verihcatiot oi.he records, it is found by the GHMCI tha: h:use bearing No.22-8-245i j s ron-existent and appropriate steps will be t rken to issue 3 notice to the petitioner who is making unauthorised construction in the house bearing No.22-g-257 and necessary notice will be issued.

5. As it is submitted that house bearing No.22_g_245/g is non_ existent, this writ petition is allowed. The impugned notice N o'24 5 / 8 / 8 I 22 / ACp np s / cg /.HRZ/GHMC / 2025 dated 09.06.2025 is set aside. This order, however, shall not come in the way of the respondent _ GHMC in issuing notice to the petitioner who is allegedly making unauthorised construction in the house bearing No.22_g_257, yousuf Bazar, Hyderabad, by foilowing due process of law. There shail be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed. SD/.P, PONNA KRISHNA ASSISTANT REGISTRAR //TRUE COPYII SECTION OFFICER issioner, Greater Hyderabad Municipal orporation, Tank Bund, To

1. The Comm Hyderabad E J 4 ssistant City Planner, Circle No. 9, Charminar, Greater Hyderabad ipal Corporation, Hyderabad.

2. The A Munic The lnspector of Police, Charminar Police Station, Charminar, Hyderabad. The Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Hyderabad, State of Telangana. One CC to Mis BHARADWAJ ASSOCIATES, Advocate [OPUC] One CC to SRI RAPARTHI VENKATESH, SC FOR GHMC [OPUC] Two CCs to GP FOR HOIIIE, High Court for the State of Telangana, at Hyderabad. [OUT] Two CCs to GP FOR IUPCL ADMN & URBAN DEV, High Court for the Slate of Telangana, at Hyderabad. [OUT] Two CD Copies c, 7 o 8 PSK. BS HIGH COURT DATED:12106i2025 ORDER wP.No.1602a fi 2025 I -THE ALLOWING WITHOUT COSTS WRIT PETITION ( q J c i', '- \\(\..- r:. C;C; TODAY c/^ .i :1i fG' rA 1 2$25 z a -3 -_j;. a? ? 1:i