The High Court · 2025

Smt. Shatham Divya, W/o Yanamandala Sai Venkata Surya Prakash, Aged about 32 years, Occ ; Service, R/o H.No.1-5-716-1, Bhavani Nagar Colony, Old Alwal, Ir/edchal-lVla I kal g iri District. .....PETITIONER AND

1. The State of Telangana, Rep. by its Principal Secretary lVlunicipal and Urban Development, Secretariat, Hyderabad.

2. The Commissioner, GHlvlC, Lower Tankbund, Hyderabad. 3. The Deputy Commissioner, I\/oosapet Circle, l\iloosapet, Circle-23, GHIr/C, Hyderabad.

4. tVl/s.Sri Ramakrrshna Paramahamsa Ashram Trust, Rep. by its Trustee Sabban Bhaskar, S/o Late Sabban l\,4arkandeya, Aged about 53 years, R/o H-No.7-1-400lA, Balkampet Road, Ameerpet, Hyderabad-500016. .....RESPONDENTS 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 or order/S more particularly one in the nature of writ of mandamus declaring the action of the respondent no.3 in issuing the show cause notice bearing no.'138/UC/W114lC23fiPStcHt\1C12025 dt.24tO7l2O2S directing the petitioner to stop construction activities forthwith in Plot No.1 3B, Buddha's Vertex Classic Colony, Near Shilpa Layqut, KpHB Colony division and consequently set aside the show cause notice bearing no. 138/UC/Wl 14lC23fiPSlcHMClzO2s dt.24lo7l202S rssued by respondent no.3 by permitting the petitioner to continue to construct the house in plot No.13B, Buddha's Vertex Classic Colony, Near Shilpa Layout, KPHB Colony division as per construction permission vide Permit No.3/C23i0856912020 dt.1310812020 issued by respondent no.2. l.A.NO:1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to the show cause notice bearing suspend the operation of no.13B/UC/W1 14lc23tf PS1GHMCI2121, d| 2410712025 issued by respondent no.3 directing the petitioner to stop construction activities forthwith in PIot No. I 38, Buddha's Vertex Classic Colony, Near Shilpa Layout, KPHB Colony division and permit the petitioner to continue with the construction activity house in Plot No.138, Buddha's Vertex Classic Colony, Near Shilpa Layout, KPHB Colony division as per construction permission vrde Permit No.3/C23i08569/2020 dt. 13lOBl2O20 issued by respondent no.2 pending disposal of the above writ petition. Counsel for the Petitioner : SRI S.RAM REDDY Counsel for the Respondent No.1 : GP FOR MCPL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3 : SRI K.RAVI MAHENDER Counsel for the Respondent No.4 : - The Court made the following ORDER HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITI ON No.239 78 of 2O2S ORDER: This writ petition is filed seeking following relief "Declaring the action of the respondent No.3 in issuing the show cause notice bearing No.1slUClw1 t4 /C23 /Tps /CHMC/2o2s dateJ 24.O7 .2025 directing the petitioner to stop construction activities forthwith in plot NO. 138, Buddha's Vertex Classic Colony, Near Shilpa Layout, KPHB Colony division .rrd .or-rs.qu.r-rt1y set aside the shorv .ause noricc dar"i 24.O7 .2025 rssued by respondent No.3 by permitting the petitioner to continue to construcl the house as per construction pcrmissr on uirle Permir No.3/C2 3/OBS6a / )O2O dar,.d I 3.O8.2O2O issued by respondent No.2.,,

2. IIeard Sri S. Ram Reddy, learned counsel for the petitioner and Sri K. Ravi Mahender, learned Standing Counsel for GHMC/respondent Nos.2 and 3. 3. Learned counsel for the petilioner submits that petitioner is ou,ner and possessor of plot bearing No.13-B in survey No.156/ 1, admeasuring 131 square yards, situated at Hydernagar Village, Balanagar Mandal, under GHMC Kukatapally, Ranga Reddy District (for short,,subject propert5z,,) having acquired the same under registered sale deed uide document No.62 16 of 2024 d,aLed 2O.OT .2024. He further submits that petitioner has obtainecl permissron for construction of stilt + two upper floors uide permit I I 2 No.3/ C23l08 569 l2O2O dated 13'08 2O20 and commcnccd construction as per the sanctioned plan' He further submitted that the respondent No.3 under the influcnce of unolficial respondent issued a show cause notice dated 24'O7 '2025 Lo lhe pcLitioner to stop the construction and appear bcfore thc rcspondcnt No.3 on O7.O8.2O25 for personal hearir-rg Thc petitioner has submitted a detailed reply to the show causc noficc on O'2.O8.2O25 and another repiy on O7'O8 2025 to the respondent No.3, but, the respondent No 3 is not passing anv order undcr influence of rcspondent No'4 Thc learned counscl for the petitioner further submits that in vielr' of frequent rnterference by respondent No'4, the petitioner filed suit in O.S.No.53 of 2025 along with I.A No 322 of 2025 before the III Additional District Judge, Medchal-Malkajgiri and thc Court u,as pleased to grant interim order restraining the respondcnt No.4 from interfering with possession of petitioner over the subject property. Therefore, petitioner prays to allou'the u'rit petition. 4. Per contra, the learned Standing Counsel for the GHMC on instructions submits that pursuant to the shou'cause notice daled 24.O7.2025, petitioner appeared and submitted his reply to the shorv cause notice and respondents are in the process of considering the reply submitted by the petitioner and rvil1 pass appropriate orclers if reasonable time is granted' J

5. Considering the submissions rnadc by learncd counsel for the petitioner as weil as Iearned Standing Counsel for respondent Nos.2 and 3, writ petition is disposed of directing the respondents to consider the reply submitted bt, the petltloner and pass speaking orders rn accordance u,ith law within a period of two (02) weeks from thc date of receipt of copy of this order and also directed to communicate the order to the petitioner. There shall be no order as to costs. Miscellaneous petitions, if any pending,. shall stand dismissed. //TRUE COPYII SD/. L. VIJAYA LAXMI STANT REGISTRAR A SECTION OFFICER Hyderabad. 1 J!9 Plingipa.l.Sgcreilry, t\,4unicipat Admn. and Urban Devetopmenr, . Secretariat, State of Telangana at Hyderabad. 2 The Commissioner, GHNIICI, Lowerfan[Uurii, nvOeraoaO. 3 The Deputy Commissioner, voosrpet C[ci"l f,,lo'o1"rp"r, Circte_23, GHN/C, 4. Two CCs to Gp FOR A/CPL ADTVN AND URBAN DEVELOpMENT, High _ Court_for the State of Telangana at HyderabiO ibUfl 5. One CC to SRI S.RAM REdDY, Ad"d"at;ioPuci I 9n" CC to SRt K.RAVI IVAHENjoER. nJvo'cate 16euc; 7. Two CD Copies A<XY To SA c.c.'l'ol)AY HE SI4 1 rJ () I 2 I AUG 2[25 t SP^TO z 6)), * HIGH COURT DATED:1910812025 ORDER WP.No.23978 of 2025 DTSPOSING OF THE W.P WITHOUT COSTS. 1 1P q