B. Ramesh 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 an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the notice No. 559/TPS /Secbad Zone / GHMC / 2021 daled 08.11.2021 of the 3rd respondent in cancelling the construction permission of the petitioner to an extent of 627 Square yards forming part of survey No. 76215, 76317 house bearing No. 16-132/1, situated at Mirjalaguda, Malkajgiri, Greater Hyderabad Municipal Corporation Limits is illegal, arbitrary, contrary to the provisions of GHMC Act, violatiorr of the principles of natural justice, the fundamental rights guaranteed under the constitution of lndia and without application of mind and set aside the same consequently direct the respondents to allow the petitioner to proceed with the Construction n as per the sanction plan lA NO: 1 OF 2022 Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court nray be pleased to direct the respondents to allow the petitioner to proceed with further construction of the petitioner to an extent of 627 Square yards forming part of s.urvey No.762t5,76317 house bearing No. 16-13211, situated at Mirjalagud:r, Malkajgiri, Greater Hyderabad Municipal Corporation Limits by suspending the impugned proceedings notice No. 559 /TPS /Seebad Zone / GHIMC 12021 dated 08.11.2021 of the 3rd respondent forthwith pending disposal of the main writ petition Counsel for the Petitioner: SRI. DUNNA AMBEDKAR Counsel for the Respondent No.1: GP FOR MCPL ADMN t,RBAN DEV Counsel for the Respondent Nos.2 to 5: SRI G. MADHUSUDHAN REDDY SC FOR GHMC The Court made the following: ORDER THE HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.27216 of 2022 ORDER: Heard Sri Dunna Arnbedkar, leamed counsel for petitioner and Sri G. Madhusudhan Reddy, learned Standing Counsel for Greater Hyderabad Municipal Corporation (GHMC) appearing for respondent Nos.2 to 5.

2. This Writ Petition is filed challenging the show cause notice dated 08.11.2021 issued by 3'd respondent under Section 450 of Greater Hyderabad Municipal Corporation Act,

3. Perusal of the said notice would reveal that 3'd respondent lras issued the said show cause notice to petitioner's mother stating that he has received complaint dated 21 .10.2021 from one J. Sri Ram stating that owner of the subject property obtained building permission against the proposed Master Plan of 66'.0" (20 meters) by considering as 30'.0" road without deducting road affected area for the proposed 66 feet road and made construction by encroaching 2 W P.No 2-t2 t6 ot 2022 KL, into the road. Therefore, such permission and construction are \ in violation of the building rules and also Master Plan. The sarre is in violation of the order dated 16.l):..2021 passed by the Division Bench of this Courl in Writ Petition (PIL) No.60 of 2021, which was filed by M/s. Mirlalguda Welfare Association, Chinmaya Marg, Malkajgiri. Seven days time was granted to submit explanation. Though the said notice was addressed to his mother, in view ol her demise on 22.06.2021, petitioner has submitted explanation on 13.11.2021. Without considering the said explanation, respondent Nos.3 to 5 tried to interfere with the construction and demolish the same Challenging the said action of respondcrtt Nos.3 to 5, petitioner filed the present Writ Petition

4. Vide order dated 28.06.2022, this Court directed the respondents not to demolish the subject propefty corlstructed by petitioner.

5. During pendency ol the present Writ Petition and subsistence of the aforesaid interim order', Deputy City Planner, HYDRAA. has issued notice datecl 02.01 .2025 to 3 KL, J W P No-27216 ot 2022 petitioner's mother stating that Commissioner, HYDRAA, has received complaint dated 02.09.2024 from Mirjalguda Welfare Association with regard to the very same allegations and therefore, he has directed petitioner's mother to submit copies of following documents. l. ii. iii. iv. vi. vii. viii. Copy ol Sanctioned Plan & its Proceedings Copy of Registered Docurnents ofproperty. Copy of Link Documents. Copy of Layout plan. Details of Court cases (ifany). Developrnent Agreement Society Resolution Other docurnents related Three days time was granted to submit copies of the same. Though the said notice was addressed to his mother, petitioner has submitted explanation along with copies of the said documents ol 03.01 .2025 to Deputy City Planner, HYDRAA. Without considering the said explanation, officials of HYDRAA marked the subject property and threatened to demolish the same. Challenging the said action of respondents, petitioner has filed Writ Petition No.2253 of 2025. I { I I ,+ \\.P No.272tO ot 2022 KL,

6. By the order passed today, this Courl disposed of Writ Petition No.2253 of 2025 directing Deputy City planner, HYDRAA, to consider the explanation dared 03.0 I .2025 along with copies of the documents subrnitted by pr:titioner pursuant to notice dated 02.01 .2025, and take action, if any, against petitioner by following procedure laid down under the law and by putting petitioner and complainant on notice and affording thern an opportunity of hearing. 1 In the light of the said facts, nothing rernains in the present Writ Petition to adjudicate further and the cause in the present Writ Petition has become infructuous

8. Therefore, this Writ petition is closed. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed. //TRUE COPY// SD/.V.KAVITHA SS]STANT REGISTRAR I secrtoru oFFtcER To, One CC to SRl. DUNNA AMBEDKAR Advo cate I 1 UCI

2. One CC to SRI G MADHUSUDHAN REDDY SC FOR GHMC [OPUC] 3.TwoCCstoGPFoRMCPLADMNURBANDEV,HighCourtfortheStateof Telangana. [OUT] 4 KKS GJP Two CD Copies c4v I I HIGH COURT DATED:2810112025 ,.2fi. , L)\- . : STAf Ci 3 0 l\il{ ?[?5 'v^ t Dl- ., ., -q ? , ORDER WP.No.27216 of 2022 CLOSING THE WRIT PETITION WITHOUT COSTS CHz >'Lo{Ltg