The High Court · 2025

...RES'.NDENTS Petition under Articre 226 0f rhe constitution of rndia praying that in the circumstances stated in the affidavit fired fherewith, the Hilh court may be pleased to issue a writ of mandamus or an{ other approprratei writ or direction declaring the action of the 2nd responderit in 'issuing the impugned notice No 297lucl202s dated 1g.o'.zo2i with regard to demorition of structures i.e., compound waI and room constructed in prot No.40 in sy.Nos.g7, gg, gg, g1 and 92 admeasuring 380 sq. yds situated af Surya Nagar, Mallapur, Kapra Municipality, Medchar-Markajgiri District as ilregat, arbitrary and in vioration of principles of natural justice and consequenfly 6et aside the same. lA NO: 1 OF 2025 Petition under section r 51 cpc prayinlg that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to stay all further proceedings in pursuance of the notice issued by the 2nd respondent in Notice No.29ilucr2o2s dafied 18.08.2o2s with regard to demolition of structures i.e., compound wafl and room cr)nstructed in prot No.40 in Sy.Nos.87, 88, 89, 91 and g2 admeasuring 380 sq. ,rds situated at Surya Nagar, Mallapur, Kapra Municipality, Medchal_Malk:rjiyiri District, pending disposal of the writ petition. Counsel for the Petitioners: SRI S.V.RAMANA counsel forthe Respondent No.1: cp FoR McpLADMN 6 URBAN DEV Counsel for the Respondent No.2: SRt SRINIVAS RAO pACHWA, SC FOR Counset for the Respondent No.3: The Court made the following: ORDER I THE HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITION No.26473 oF 2025 ORDER: (ORAL) This Writ Petition is filfd by the petitioner seeking the following relief: "... to issue a writ of mandamus or any other appropriate writ or direction declaring the aQtion of the 2nd respondent in issuing the impugned noticf No.297ru C/2025 dated 18.08.2025 with regard to denlolition of struuures i.e., compound wall and room consiructed in Plot No.40 in Sy.Nos.87, 88, 89, 9l and 92 ddmeasuring 380 sq. yds situated at Surya Nagar, Mallapur, Kapra Municipality, Medchal-Malkajgiri District as illegal, arbitrary and in justice and consequently violation of principles of nahral set aside the same and pass.. . "

2. Heard Mr. S.V. Ramana, leamed counsel for the petitioner, and Mr. Srinivas Rao, Pachwa, leamed standing counsel {or the GHMC, appearing for respondent No.2

3. Leamed counsel for the petitioner submitted that petitioner is the absolute owner and possessor of thr property bearing Plot No.40 admeasuring 380 square yards in Survey os.87, 88, 89, 9l and 92 situated at Nr Surya Nagar, Mallapur, Kapra Municiphlity, Medchal-Malkajgiri District, having acquired the same under Will Deed dated 24.10.2010 executed by her mother-in-law. The subject property was purchased by the mother-in-law of 2 the petitioner under registered sale deed bearing ){c.l767l66lE dated

07.07.1966. The petitioner has obtained electricit,z connection from TSSPDCL on 15.02.2023 and the property was assessed fl)r property tax for the years 2022-202 and has been regularly pa'/ing property tax Thb petitioner recently constructed temporary room and compound wall for safeguarding the subject property. Due to instigation of land grabbers respondent No.3 lodged a lalse complaint against the petitioner alleging that the he has made unauthorized construction in the subjer;t property, as such, impugrred notice dated 18.08.2025 has issued by the resp,:ndent No.2

4. Learned counsel lor the petitioner submitted that copy of the alleged complaint of respondent No.3 was not furnished to the pe'itioner. Moreover without conducting preliminary inspection of the property. the impugned notice was issued. which is arbitrary and liable to set aside.

5. Leamed Standing Counsel lor respondent No.2 - ,fHMC submifted that writ petition is premature. 'Ihe petitionei has apprr,ached this Court without submitting any explanation to the show-c ause notice dated

18.08.2025. During the site inspection, it was obse:-vr:d that petitioner constructed room without,obtaining pennission, as such, :,how-notice dated

18.08.2025 was issued. As and when explanation i:i iubmifted by the petitioner to the show-cause notice dated 18.08.2025, appropriate action will F'.;-r\ I t J be taken under the provisions of Greater [fderabaO Municipal Corporation Act, 1955

6. Learned Standing Counsel for resppndent No.2 further submitted that date of hearing is scheduled on 05.09.202$ and petitioner may be directed to submit explanation to the show-cause noti e and attend hearing.

7. It is not the case of the petitioner, respondent No.2 has issued show cause notice without any jurisdiction. Thq grievance of the petitioner is that complaint of the respondent No.3 is not ished to him. Considering the same, this Court is not inclined to enterta iri thi s writ petition E. However, taking note of the fact that the petitioner has not so far submitted explanation to the show-caus( notice, the petitioner is granted I I seven (7) days time from today to submit his explanation to the show-cause t notice dated 1888.08.2025. However, th( petitioner shall app0ar for hearing on 05.09.2025, and on such appearance a copy of complaint lodged by respondent No.3 shall be fumished to Ihe petitioner. Till conclusion of enquiry pursuant to the show-cause notfce dated 18.08.2025, status quo, obtaining as on today, in respect of the sribject property shall be maintained by all the parties. ; _.|.;r!, ffi;^ 6ggr.i ffi"-li-ffi x= 4

9. As this order is passed without entering into merits, notice to respondent No.3 is dispensed with. In any way, if respondent No.3 is aggrieved by this order, he is at tiberty to approach t ris Court seeking modification of this order.

10. With the above observations, the Writ petition i:; clisposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, ilany, p,ending in the writ petition stand closed. //TRUE COPY// SD/.B. REKHA RANI REGISTRAR A ON OFFICER To 1 The Principal secretary, state of rerangana, Municip,ar Administration and urDar uevetopment ljepartment, Secretariat, HVderab;rd. The Deputy Commissioner, Circle No..1 , Kapra, 'GHM3, District. Medchal-Malkajgiri 2 3. One CC to SRI S.V.RAMANA, Advocate tOpUCl 4 Two CCs to GP FOR MCPL ADMN & UR.BAN oEv. ni 5. ONE CC tO SRI SRINIVAS RAb PA'CHWA, SC FOR G 6. Two CD Copies of Telangana, at Hyderabad. IOUTI PS u I g h Cgurt for the State r-rMC [oPUC] I HIGH COURT DATED:0310912025 ORDER WP.No.26473 ot 2025 CC TODAY ,,:, a- l .- C' .,; \\. .) l-u ?ffi 5 -.L .;-r.-:_l.lD \:a:.:-,.- '\-r C.1:il .J :() j "(.) f;/ t DISPOSING OF THE WRIT PETITION WITHOUT COSTS 0L\ {