The High Court · 2025

The State of Telangana, Rep. by its Principal Secretary, Municipal Administration and Urban Development Dept, Secretariat, Hyderabad. The Greater Hyderabad lvlunicipal Corporation, Rep. by its Commissioner, Tank Bund, Hyderabad. The Dy. Commissioner, Greater Hyderabad lVlunicipal Corporation Cir.No.16, Amberpet, Hyderabad. The Asst. City Planner, Greater Hyderabad Municipal Corporation Cir.No.16, Amberpet, Hyderabad. Sri Abdul Mannan Khan, S/o.Mr.Abdul Aleem Khan Aged about.42 Yrs., Occ.Business Rl/o. H. No.4-1-'1l3, Niyazkhana, King Koti, Hyderabad. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewrth, the High Court may be pleased to issue an order or direction more parlicularly one in the nature of Writ of Mandamus declaring the action of the Official Respondent-2 and 3 in issuing the impugned notice vide No.A/854/5/3/TPS/C|R-16/SBZ|GHMC|2O25|4, Df. 31 .07.2025(Received on 04.O8.2025) in respect of premises No.3-5-854/A, Hyderguda, Basheerbagh, Hyderabad, as illegal, arbitrary and in violation of principal of natural justice and set aside the same also in violation of Arti.14,21 and 3004 of Constitution of lndia and consequently direct the Respondent Corporation not to take any adverse action in furtherance of tmpugned notice No.A/854/ 5/ 3 / TPS / CIR- 16/582lGHMCl2025l4, DT 31.07.2025(Received on

04.08.2025 lA NO: 1 OF 2025 Petition under Section 1 5'l cpc praying that in the .ircumstances stated in the affidavit filed in support of the petition, the High cout may be pteased to suspend the operation of the impugned notice vide No..4/854/ s/3/Tps/clR- 16/sBZ/cHMCl2025l4, DT.31 .07.2025 (Received on 04.08 2025) Hyderabad, in respect of premises No.3-5-854/A, Hyderguda, Basil€,erbagh, Hyderabad pending frnal disposal of main Writ petition Counsel for the Petitioner: SRl. V.R. AVULA SENIOR COLTNSEL REp SRI L. RAM SINGH counsel for the Respondent No.1: Gp FoR MUNrcrpAl ADMTNISTRATTON AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2to4: SRI G. MADHUSUDAN REDDy, counsel for the Respondent No.5:-- The Court made the following: ORDER sc FoR GHfulc) HONOURABLE SRIJUSTICE B. VIIAYSEN REDDY WRIT PETITION No.23416 oF20u ORDER: (oRAL) This writ petition is fired by the petitioner seeking to declare rhe action of respondents No.2 and 3 in issuing the impugned notice vicle No.A/854/5/3/TPS/CIR- I 6/5 BZ/GIfi4C/2025 I 4,, dared 3 t.07 .2025, in respect of the premises No.3-5-g54/A, Hyderguda, Basheebagh, Hyderabad, as being illegal, arbitrary and unconstirutional.

2. Heard Mr. V.R.Awla, leamed Senior Counsel, appearing lor Mr. L.Ram Singh, leamed counsel for the petitioner; and Mr. G.Madhusudan Reddy, leamed Standing Counsel lor GHMC, appearing for respondents No.2 to 4; and perused the material on record.

3. The case of the petitioner is that he is the tenant of thc subject premises having taken the same on lease from respondent No.5 under rental agreement dated 16.02.2024 for a period of eleven ( I l) months extendable for a further period of twen ty four (24) months on rhe rent of Rs. 1,80,000/- (Rupees one lakh eighty thousand only) per monrh. The petitioner paid an amount of Rs.9,00,000/- (Rupees nine lakhs only) to respondent No.5 towards rental deposit. The petitioner is running pG '-:?==E - 'j 2 accommodation (Paying Guest)/Women's Hostel undr:r the name and style of 'M/s \\'hitc House Study Space' in the ;ubject premises comprising of five (5) f'loors and provides accommocation, hospitality and boarding and lodging for approximately 75 girls/r'',c.men who come from different districts and dilferent places.

4. It is stated that the petitioner entered into aqreetnent dated

22.02.2024 lor a period of 24 months with IWs Rairbow Children's Medicare Limited, which is a multi speciality paedetr c, obstertrics and gynaecological hospital chain in lndia. As per the agreement, the petitioner, as a scrvice provider, is providing board ng and lodging to the employees, associates, personal nurses and trainees of the M/s Rainbow Children's Medicare Limited. On 04.08.2025, norice dated

31.07.2025 was affixed on the wall of the subject premises which is addressed to one Mr. Abdul Aleem Khan wherein it is stated that compla int was lodged by one Ms. Sudha NlLndhini regarding unauthorized construction in the subject premises. The, said notice also refers to the contempt case and the order dated 22.09.2022 passed by this Court in W.P. No.26352 ol 2022. Further, ir was menrioned in the said notice that the owner ol the subject premises nrade unauthorized J construction in the 3'd, 4'h and pent house in the subject premises; the petitioner was directed to vacate the subject premises within a period of three (3) days

5. Leamed Senior Counsel appearing for the petitioner submitted that the impugned notice dated 3l .07.2025 is in violation of principles of natural justice and no explanation was called for from the petitioner. The petitioner is entitled for hearing before any action is taken regarding the unauthorized construction in the subject premises. Leamed Senior Counsel further submitted that 75 working women are staying in the hostel being run by the petitioner and only three (3) days of time is given to the petitioner, under the impugned notice, lor vacating the subject premises. As such, the impugned notice is arbitrary and unjust

6. Leamed Standing Counsel for GHMC submitted that the notice daled 31.07.2025 challenged in this writ petition was issued under Section 461-,{ of the Greater Hyderabad Municipalities Act, 1955 (for short'Act'). The petitioner is the tenant to the subject premises and cannot be permitted to question the said notice. The said building is owned by Mr. Abdul Aleem Khan; he was permitted to construct stilt fbr parking i 2 upper floors. However, b.y deviating the sanctioned plan, ', it,t ..9 i \ .^-. 1 4 - the owner of the subject premises constructed 3'1, 'ltl' floors and pent house in the .5tl' floor without leaving the road afft,:ted area, as such, the show cause notice dated )l .10.2022 was issu,:<l to him. As no explanation was submitted to the said notice, ;Jreak ing order dated

22.12.2022 was passed. W.P. No. 12889 of 202i was filed by one Ms. Sudha Nandhini for implementing the speaking order dated

22.12.2022 wherein order dated 29.04.2025 was passed. As the order dated 29.04.2025 was not complied with, Ms. Sudha Nandhini fited C.C. No.99.l of 2024 and the order dated 0i.Ct6.2024 was passed Subsequently. the impugned notice dated 31.07.202t was issued which is in accordance with law and in compliance of orders of this Court

7. The petitioner is adminedly the tenant of thc :;ubject premises. It is not in dispute that Mr. Abdul Aleem Khan, th..: owner of the subject premises, has unauthorizedly constructed 3'd, 4'h an,J pent house in the 5'r' floor. Thc ltrthel allegation is that Mr. Abdul Al:t:m Khan did not leave the road afl'ected area and thus, for deviatinil the sanctioned plan, the show cause notice dated I1.10.2022 was issued. Subsequentll, the speaking order dated 22.12.2022 was passed: the speaking order was not challenged by Mr. Abdul Aleem Khan. 'f -u:refbre, the petitioner, 5 being the tenant and having timited interest over the subject premises, cannot be permitted to challenge the notice under Section 461-A of the Act. When the speaking order dated 22.12.2022 has not been challenged and has attained finatity, notice dated 31.07 -2025 issued under Section 461-,4. for implementing the speaking order cannot be questioned' The petitioner is a tenant and does not have locus standi to question the impugned notice.

8. There are no merits in the writ petition. Accordingly, this writ petition is dismissed. However, considering the request of the leamed Senior Counsel appearing for the petitioner that working women who are nurses and trainees of the M/s Rainbow children's Medicare Limited are staying in the hostel, three (3) months of time is granted from today for vacating the subject premises. Till then, respondent No'3 is directed not to give effect to the impugned notice dated3|.07.2025. There shal[ be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed- SD MED ABD ULLA KHAN ISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1 2 a3 4 lg3g,gr5trnm,m';it.6pui["i:+'-miiwg6uar'""', Two CD CoPies BM /: lp { , 1l l , riY- o.;.r c c^ r.\ l9 uct 2s25 i iL il -' ,l ../ --:.---/ HIGH COURT DATED:0610812025 4 + () L) a/ ORDER WP.No.23416 of 2025 .- 4:r--SD -._-.a-:-_ DISMISSING THE WRIT PETITION WITHOUT COSTS t, (- O6