✦ High Court of India · 03 Sep 2025

The High Court · 2025

Case Details High Court of India · 03 Sep 2025
Court
High Court of India
Decided
03 Sep 2025
Bench
Not available
Length
1,051 words

.....RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or direction, particurarry one in the nature of writ of Mandamus, declaring the action of the Respondents 3 and 4 in demorishing the commerciar sheds constructed by the petitioners on the properties bearing H No.3-3-108/At27 and H No.3-3-r08/4/28, situated in sy.Nos.462 and 468, Bapughat Road, beside KSR Nilayam, Attapur, Rajendranagar Mandal, Ranga Reddy Diskict, despite the representations dated 23.0g.2o2s submitted by the r.Se;;f :'__ { ' "!.t. Petitioners requesting regurarization of the sheds on payment of penarty as the same is illegal, arbitrary, and viorative of the principrer; of naturar justice and consequently direct the 3'd respondent not to demolish flre sheds constructed by the petitioners. I.A.NO:1 OF 2025 Petition Under section i 51 cpc praying that in ihe circumstances stated in the affidavit filed in support of the petition, the High c.urt may be preased to direct the respondents 3 and 4 not to demorish the comm<:rciar sheds constructed on the properties bearing H.No.3-3-108/Ar27 and H.No.3-3-108/4/28, situated in Sy.Nos.462 and 468, Bapughat Road, beside KSR Nilayam, Attapur, Rajendranagar Mandal, Ranga Reddy Dist,ct of the petitioners, pending disposal of writ petition l.A.NO:2 OF 2O25 Petition Under section 'r51 cpc praying that in the r;ircumstances stated in the affidavit filed in support of the petitron, the High Court may be pleased to direct the respondents to consider the representations daterd 23.8.202s submitted by the petitioners for regurarize the commerciar shed on the properties bearing H No.3-3-'108/Ar27 and H.No.3-3-108/4/28, situated in sy.Nos.462 and 468, Bapughat Road, beside KSR Nilayam, AItapur, Rajendranagar Mandal, Ranga Reddy District, pending disposal of writ petrtion. Counsel for the petitioners : SRI MOHD SUBHAN PASHA 99y.T"-!I9llhe Respondent No.1 : Gp FoR McpL ADMN ,qND URBAN DEVELOPMENT counsel for the Respondent Nos.2 to 4 : SRI RAPARTHI vENKr,TEsH, sc FoR GHMC The Court made the following ORDER '':: HONOURABLE SRI IUSTICE B. VIJAYSEN REDDY WRIT PETITION No.26648 OF 2025 ORDER:(ORAL) This writ petition is filed by the petitioners seeking the following relief '...to issue a writ, order or direction parlicularly one in the nature ol Writ of Mantlamus declaring the action of the Respondents No.3 and 4 in clernolishing the commercial sheds constructed by the Petitionels on the properties berring II.No.3-3-l0tl/A/27 and H.No.3-3-108/4/28 situated in Sy.Nos.4(r2 and 4(rt3, Baprrghat Roacl, beside KSR Nilayarn, Attapur, l(ajend ranirga l Mandal, Ranga Reddy Disl.rict dcspite the representations dated 23.08.2025 submitted by the Petitioners requesting regularization of the sheds on paynlent of penalty as the sarne is itlegal, arbitraty and violative of the principlei of natural justice and consequently direct the 3'd respondenl r)ot to detnolish the sheds corxtructed by the pctitioners...'

2. I Icard Mr. l(aja Sripathi Rao Panugoti, [earned Senior Counsel, appearing lor Mr. Mohd. Subhan Pasha, learned counsel fbr the petitioners; Mr. I{aparthi Venkatesl.r, learned Standing Counsel for GHMC, appearing for respondents No.2 to 4, and perused the material orl record

3. Learned counsel for the petitioners submitted that the petitioners have constructed shed in open Plot No.5 admeasuring 293.48 square yards tn Sy.Nos.462 & 468, Attapur Village, Rajendranagar Circle, 2 Ranga Reddy I)istrict. Respondent No.3 issued shou'cause notice dated

16.06.2025 to the petitioners directing them to suburit explanation for constructing unauthorized shed on the subject pl'o[)eft],. Thercafter, speaking ordcr datcd 10.07.2025 was passed directinll the petitioncrs to remove the cleviations. On being advised, the petitioners subniittcd representation dated 23.08.2025 undel Section 455-A rrnd 455-AA of the Greater Hyderabad MunicipaI Corporation Act 1955 1ol rcgularization o1- the structures, but so thr ordcrs have not been passed. As there is thrcat of dcnrolition try thc lespondents putsuant to spca<ing order dated

10.07.2025, the pctitioners are constrained to apploach this Clourt.

4. Lealncd Standing Counse I for lcspondcnts Nc.2 to 4 submitted that applopriatc action w'ill bc takcn on thc rcplcscntation of' thc pctitioners datcd 23.0U.2025 in accoldance with law

5. Recording thc aforesaid submission of the learned standing counsel for thc GFIMC, this rvrit petition IS dispcsed of dilccting respondent No.2 to consider the regularization a rplication of the petitioners dated 23.08.2025 in respect ofthe shed constructed by thern in thc open Plot No.5 adrreasuring 293.48 square yards in Sy.Nos.462 & 468, Attapur Villagc, Rajendranagar Circle, RangrL Recldy District. J Pending consideration of the regularization application, slatus quo, obtaining as on today, shall be maintained in respect ol the subject propefty. There shall be no order as to costs. As a sequel thereto, tniscellaneous applications, if any, pending in this writ petition stand closed. //TRUE COPY// SD/.MOHD. ISMAIL EPUTY REGISTRAR SECTION OFFICER To Bund, Hyderabad. al Administration and ll, Rajendranagar, HYderabad. 't. The Principal Secretary, State of Telangana' ltluni erabad. Urban Development Department, Secretariat, Hyd Corporation, Lower Tank 2. The Commissioner, Greater Hyderabad lvlunicipal g i[uij.p'rty co.hissioner, Greater Hyderabad Municipal corporation, circle +. ih"iist. city};innirr, cr"it". Hyderabad Municipat corporation, circle - ll, 5 r;'; Cb; to"cp roR MCPL ADIMN AND URBAN DEVELoPMENT, Hish 6. one cc to SRI RAPAR iFiiVENKAiEsH, sCr'on GHMc' Advocate (oPUc) 7. On" CC to SRI MOHD SUBHAN PASHA, Advocate [OPUC] 8. Two CD CoPies Cdurt for the State of Telangana at Hyderabad [OUTI Rajendranagar, HYderabad. SA BS ry,- ,frF,ib)\ '-."\ c!\' t$6 -,ili -l-- :,/ -\.r! ".'Fl)! .J,^\..,:-.. :'..:'..,i;.iY);'' HIGH COURT DATED:0310912025 ORDER WP.No.26648 of 20Zs + + DISPOSING OF THE W.P WITHOUT COSTS. \\ 1 c\

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