The High Court · 2025

Petition under Article 226 ot 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, Order or Direction more particularly one in the nature of Writ of Mandamus by declaring the action of the Respondents more particularly the Respondent No.3 in issuing the Show Cause Notice dt.15/0712025 vide Notice No.OS/UC/TPSIC-ZO|SLPZ2O2S to the Petitioner by calling upon him to submit explanation by alleging that his Construction of room in his House Property bearing Municipal No.1-59/E/14l5, (PTIN No.1120007937) admeasuring B'1 .3 Sq.Mts., (111 Sq.Yards), situated at Serilingampally (V and M), Ranga Reddy District, is without any Municipal Sanction Plan, inspite of knowing fully well that the Petitioner has taken Building Permission from the same Respondent No-3 on 1910612025 vide File No.004990/GHMCI 02264llABPlC2Ol2O25 in respect of Construction of lndividual Residential Building consisting of Ground Floor in the said Property, as arbitrary, ex-facie illegal, highhanded. by giving colourable exercise to its statutory powers and consequently may set-aside the Show Cause Notice dt.15/0712025 vide Notice No.05/UC/TPS/C-20ISLPZ2025 by fu(her directing the Respondents more particularly the Respondent No.3 not to demolish the structures in respect of the Petitioners aforesaid Property including not to interfere into the civil disputes by the Respondents more particularly the Respondent No.5 in any manner and whatsoever in nature, in the lnterest of Justice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Stay of all further proceedings in pursuance of Show Cause Notice dt 15-07-2025 vide Notice No.05/UC/TPS/C-20lSLPZl2025 by further directing the Respondents more particularly the Respondent No.3 not to demolish the structures in respect of the Petitioner's House Property bearing Municipal No.1- 59/E/14l5, (PTIN No.1120007937) admeasuring 81.3 Sq.Mts., (111 Sq.Yards), situated at Serilingampally (V & M) Ranga Reddy District, including not to interfere into the civil disputes by the Respondents more particularly the Respondent No.S in any manner and whatsoever in nature, in the lnterest of Justice, pending disposal of the main Writ Petition Counsel for the Petitioner: SRI NAZIR AHMED KHAN Counsel for the Respondent No.1: GP FOR MCPL ADMN & URBAN DEV Counsel for the Respondent Nos.2 TO 4: SRI G.MADHUSUDHAN RAO, SC FOR GHMC Counsel for the Respondent No.S: GP FOR HOME The Court made the following: ORDER tw,:':'.. ./ HONOURABLE SRI JUSTICB B. VIJAYSEN REDDY WITIT PETITION N0.23679 0F'2025 ORDER (ORAL) This s'r'it petition is filed by the petitioner challenging the show cause notice No. 0 S/UC/TP S I C-20 I SLPZI 2025 dated 1 5.07'2025 issued by respondcnt No.3 - the Deputy Commissioner', Greater Hyderabad Municipal ( or-pot'ation. Serilingarnpally, Ranga Reddy District, and for a consequeniial dilcction to respotldent No.3 not to demolish the structures o1' his ltouse properly bealing Ntunicipal No' I -59'El I 4/5 (PT'IN No.i120007937), adnteasuriirg 81.3 square meters (l1l square yards) situated at ScLilinganlpally Village and Mandal, Ranga Reddy District

2. Mr'. Nazir Ahmed Khan. tcamed counsel for the petitioner, subrnitted thzrt bLiilcling pertnission rvas granted to the petitioner through selt'-ccflification rtnder l'G-bPASS vide File No'004990/ GHMC/02264,ilABPlC2Ol2025 dated 19.06.2025 tbr Plot No'5, MCH No. l-5glE/1415, admcasurit.tg 81.3 square meters (111 square yards), in Sttrvey Nos.l43 and 144. Circte 20 of Serilingampally Vitlage and Mandal.- As respondent No.3 has not issued work commencement order, after rvaiting 2l days of statutory period from 2 the date ofprovisional buitding order dared 19.06.1015, the petitioner proceeded with construction as per the building pcrmit. While so, the impugned show causc rrotice dated 15.07.2025 rvas issued to the petitioner alleging devial.ions f}om tlre sanctioned plan. The leamed counsel for the petitioner subtritted that issuancc oi' thc impugned show cause noticc is without application of rnind a.cl is in violation of principles of natulal j ustice

3. Mr. (i. Madlrusudhan Rao, learrred stunding counsel for G.H.M.C., submitted thar short fhli r.rotice dated I I .lii.1O?5 rvas issued to the petitionel and he was directcd to explain as ro wh) his buitding permission shall not bc cancellcd as he does not havc title to the subject properl\,. ['he petitioner-u,as instnrcted kr strbntit L.R.S. copy, Iayout copy, link docunrerrts ctc. As thc short lhll notice was not complied with, the building permission of the petitioner dated

19.06.2025 u,as cancelled b1, the proceedings datecl 29.07.2025. A copy ofthe short fall notice dated I 1.07.2025 and the re.jection order dated29.07.2025 are sen,ed on the learned counsel lbr the petitioner.

4. In the circumstanccs, cause in this writ petition does not survive requiring arry further adjudication. - .':;iti:]1}r. ;/ 3

5. 'fherefbre, the writ petition is disposed of, at the admission stage itself, granting liberly to the petitioner to challenge the rejection order dated 25.07.2025 and the short fall notice dated 11.07.2025 by availirrg appropriate legal remedy. Hou'ever, considering the request of the learned counsel for the petitioner that the short fall notice dated

11.07.2025 and thc rejection letter dated 29.07.2025 have not been sen,ed on the petitioner, the rejection letter dated 29.07.2025 shall not be given elllct to fbr a pcriod of two (2) weeks fi'om today. No order as to costs As a sequel theleto, misceilaneous applications, if any, pending in the writ pel-ition stand closed. SD/- NAYANI CHANDRA SEKHAR RAO PUTY REGISTRAR //TRUE COPY// SECTION OFFICER Urban Development

1. The Princip al Secretary, Municipal Adminis tration a Department, Secretariat at Hyderabad, State of Telangana

2. The Commis sioner, Greater Hyderabad Mu nicipal Corporation, Tank Bund, Commissioner, Greater Hyderabad Municipal Corporation, Circle Hvderabad iti. -Oeprtv No.20, Serilingampally, Ranga Reddy DistriclTG itreTisistanicity Pldnner, Town PlSnning Section, Greater lvog1aqqq . . Municipal Corporltion, Circle No.20, Serilihgampally, Ranga Reddy District- TG ihe lnspector of Police, Chandanagar Police Station, Chandanagar, Ranga Reddv District one ic to sRl NAZIR AHMED KHAN, Advocate [oPUC] i*o CCtio GP FOR MCPL ADMN & URBAN DEV, High Court for the State of Telanoana. at Hvderabad. [OUTI o"tccio sRr G.MADHUSUDHAT{ RAO, SC FOR GHMC [oPUc] Two CCs to GP FOR HOME, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies To

5. 6 7.

8. o &.tto" PSK. PSK HIGH COURT DATED:1110812025 ORDER WP.No.23679 of 2025 CC TODAY 1 il ,C Jo t) lJI7 '.1 1 u5 ? * PiS \: ? C)\ * DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1 v