High Court · 2025

Petition under Article 226 o't 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 respondent No. 3 action of sealing the Badminton court situated in Plot No. 25 and 26 situated at Journalist Colony, in Sy. No. 74P of Gopanapally Village, Serilingampally Mandal, R.R. District, U/s. 461-A of GHMC Act, 1955, illegal arbitrary without hearing, by not allowing to 'call for the petitioner version' for consideration before passing speaking adverse orders dated 3110112025, thus the impugned speaking orders dated 31tO1t2O2S liable to set aside for non-adhering the proper procedure followed by this Honourable court before passing such impugned orders and violative of the principles of natural justice and without providing personal hearing as being void arbitrary illegal without jurisdiction, void abinitio, apart from being violative of ,/.Arti"r", r 4, 1 9(i ) (g) of the Constitution of lndia, consequently set aside the Speaking Order dated gO.O1 '2025 and remove the seal sealing of the Badminton court U/s. 461-A of GHlvlC Act, forthwith in the interest of justice IANO:1OF 2025 PetitionunderSectionl5lCPCprayingthatinthecircumstancesStatedin the affidavit filed in support of the petition, the High Court may be pleased to pass an interim direction, directing the Respondent No' 3 to remove the seal of the BadmintoncourtU/s.461-AofGHIrilCAct,SituatedinPlotNo.25and26Situated atJournalistColony,inSy.NoT4PofGopanapallyVillage'Serilingampally Mandal,R.R.District,pendingdisposalofwritpetitionintheinterestofjustice' Counsel for the Petitioner : SRI MD SULTANA BASHA Counsel for the Respondent No'1 : GP FOR MCPL ADMN URBAN DEV Counsel for Respondent No.2&3:SRl G'MADHUSUDHAN REDDY' SC FOR GHMC The Court made the following: ORDER I i I I THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY WR PETITI ON No.2 18O of o25 ORDER: The writ petition is filed seeking a Writ of Mandamus to declare the action of the respondent No.3 in sealing the Badminton court constructed by the petitioner in plot Nos.25 and 26, Sy.No.74P, lournalist Colony, Gopanpally Village, Serilingampally Mandal, Ranga Reddy Oiitrict, as being illegal, arbitrary and violative of Articles 14 and 19(1)g of the Constitution oF India.

2. Learned counsel for the petitioner submitted that the petitioner constructed badminton court named.CK Sports Arena, in the subject property. The structures made are not permanent in nature but temporary pre-fabricated installations. The structures have been constructed by taking the property on lease from the Iandlords, namely, I. Satish Kumar and Smt. I. Vennadhari. under rental agreement dated 21.77.2024. It is submitted that show cause notice dated 21.01.2025 was issued to the owners alleging that they are proceeding with unauthorized erection of Iron poles and Tin ACC sheets in the subject plot and the owners of the property were directed to submit reply within seven days. Thereafter, speaking order dated 30.01.2025 was passed wherein it is stated that the owners of the subject property have not 2 --..:; submitted reply to the show cause even after sufficient time and they were directed to remove the unauthorized construction.

3. Learned counsel For the petitioner submitted that reply to the show cause notice was submitted on 10.02,2025. However, in the meanwhile, speaking order dated 30.01.2025 was passed. He submitted that liberty may be given to the petitioner/owner of the subject plot to submit representation for rectifying the defects pointed out in the show cause notice and necessary steps will be taken to regularize the structures constructed in the subject plot or file revised building a pplication.

4. lYr. G. Madhusudhan Redcly, learned standing counsel for GHMC, submitted that the structures raised by the petitioner are unauthorized and by giving opportunity of hearing pursuant to the show cause notice, the speaking order dated 30.01.2025 is passed.

5. However, taking note oF the fact that the petitioner has raised structures for construction of badminton court in the subject property, which according to the petitioner, are temporary structures, the petitioner/owner of the liberty to submit representation to subject property is given the respondent No.3 seeking regularization of the structures made in the property or apply for revised building permission as to bring the structures made by the petitioner within the buildinq regulations. On such I I i l I J representation, being submitted, the respondent No.3 shall conduct enquiry and pass orders within a period of twenty one (21) days thereafter. However, status quo with regard to structures standing on the subject property shall be maintained until conclusion of enquiry pursuant to the representation sought to be filed. The writ petition is disposed of. The miscellaneous petitions pending, if any, shall stand closed. There.shall be no order as to costs. SD/. A. SREENIVASA REDDY ASSISTANT REGTSTRAR //TRUE COPY// SE OFFICER To,

1. The Principal Secretary. Municipal Administration Department' Secretariat' ' niiJtltir'i, state of relangana' Telangana c the commissioner, Greater Hyderabad Municipal Corporation' office at Tank - eunJRoaO, HYderabad' Telangana .U",,,,:S:iy"3it[,i?!??,il;fi!U"+i?,{ilfl|T'f XFi:"'!"r30'o/oDePutY

4. One CC to SRI MD SULTANA BASHA' Advocate lOPUCl s Two CCs to GP FOR MCPL ADX/IN URBAN DEV' High Court for the State of 6. One CC to SRI G'MADHUSUDHAN REDDY' SC FOR GHMC IOPUCI 7. Two CD CoPies' Telangana. [OUTI BSK PVL YA- ( (. k m 20 ..,6 $ 15 5 t SPatCn€ o * HIGH COURT DATED:31 10712025 ORDER WP.No.22180 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 10 ,-o.$eA Y-l.r\ '.1 .t9 ,r-. \S\r )"'