1. Mr. Gourishetty Pranay Kumar v. 1. The State of Telangana

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 order or direction more particularly one in the nature of Writ of Mandamus declaring the speaking order dated 23tOBt2O24 vide File No. 121jA]1/UC/C5/LBNZ/GHIv|C t2024 issued by the Respondent No.3 and the notice issued under Section 462 of GHMC Act dated 2211012025 to implement the speaking order to vacate the property in respect of property bearing H. No. 13-9-1211A, East Part admeasuring 180 Sq. Yards of the Petitioner No.1 and in I i I ! l. respect of propr:rty bearing H. No. 13-9-1211A, West Part admeasuring 180 Sq. Yards of the Petitioner No.2 in Plot No.23 with the respective buildings thereon as illegal, arbitrilry and without jurisdiction and in violation of Fundamental rights guaranteed under Article 21 and 300A under Constitution of lndia and violative of Natural Justice and consequently to direct the Respondents not to evict the Petitioners from the above said property. lA NO: 1 OF 20115 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit liled in support of the petition, the High Court may be pleased to direct the Respondents not to evict the Petitioners from the H. No. 13-9-1 211A, East Part admt;asuring 180 Sq. Yards of the Petitioner No.1 and in respect of property bearing H. No. 13-9-1211A, West Part admeasuring 180 Sq. Yards of the Petitioner No.2 in Plot No.23 with the respective buildings thereon. Counsel for ther Petitioner: SRI TARUNESH ANNAMANENI, REP. FOR SRI SRINIVAS VELAGAPUDI Counsel for ther Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2 to 4: SRI SRINIVAS RAO PACHWA, S.C. FOR GHMC The Court made the following: ORDER HONOURABLE SRI IUSTICE B. VIIAYSEN REDDY WRIT PETITION No.32546 OF 2025 ORDER: (ORAL) This writ petition is filed seeking to declare the speaking order passed by respondent No.3 vide file No. 12 l,lN I NCICilILBNZI GInvICl2024 dated 23.08.2024 directing the petitioners to vacate the property bearing H.No.13-9-l2l/A, East Part, admeasuring 180 square yards, and property bearing H.No.l3-9-l2llA, West Part, admeasuring 180 square yards, respectively in Plot No.23, situated at Lalitha Nagar, Gaddiannaram Village, Saroor Nagar Mandal, Ranga Reddy District, and the notice dated 22.10.2025 issued by respondent No.3 under Section 462 of the Greater Hyderabad Municipal Corporation Act, 1955 (for short' 'GHMC Act') for implementing the speaking order dated

23.08.2025, as being illegal, arbitrary and contrary to the provisions of the GHMC Act.

2. Heard Mr. Tarunesh Annamaneni, learned counsel, representing Mr. Srinivas Velagapudi, learned counsel for the petitioner; Mr. Srinivas Rao Pachwa, learned Standing Counsel for GHMC, appearing for respondents No.2 to 4; and perused the malgial on record. . : a 1 i I I I I I I I I I I I !. i : i I j . : I : l l : : 2

3. Learned counsel for the petitioners submitted that petitioner No.l is the abs<rlute owner of the property bearing H.No.l3-9-l2l/A, plot No.23 East Part, admeasuring 180 square yards situated at Lalitha Nagar, Gaddiannaram village, Saroor Nagar Mandal, Ranga Reddy District having purchased the same under registered sale deed bearing document No- 147 of 2024 dated 08.01 .2024 from one Mr. Akepati Bhaskar Reddy. Petitioner \o.2 is the absolute owner of the property bearing No.l3-9- 121/A, Plot No.23 west Part, admeasuring 1g0 square yards, situated at Lalitha Nagar, Gaddiannaram Village, Saroor Nagar Mandal, Ranga Reddy Dis,trict having purchased the same under registered sale deed bearing document No.83 of 2024 dated 05.01 .2024 from one Ms. Rajoli Veena Kurnari. The names of the petitioners were mutated in the records of the GHh4c. s/hile so, rhe impugned notice No.l2l/NUC/]5]I-BNZ/ GHMC/2025 under Section 462 of the GHMC Act dated 22.1.0.2025 was issued by respondent No.4 addressed in the name of previous owner by name Mr. A.Bhaskar Reddy. The petitioners do nor have knowledge of the said nc'tice. Thus, the impugned notice is in violation of principles of naturaljustice and contrary to the provisions of the GHMC Act. .t I J

4. Learned Standing counsel for GHMC submitted that pursuant to the order dated 22.09.2025 passed by this court in w'P' No'28653 of 2025 directing respondent No.4 to implement the speaking order dated

23.oS.2o24,proceedingshavebeeninitiatedandtheimpugnednotice dated 22.10.2025 was issued by respondent No'3 directing the petitioners to vacate the subject premises. The respondent authorities' on inspection of the subject premises found that, the petitioners obtained two individual building permissions for construction of stilt + 2 upper floors respectively,however,theyconsolidatedtwoindividualbuilding permissions and unauthori zedly constructed a single building comprising ofcellar+ground+4upperfloors,withoutmaintaininganysetbacksand \ in deviation of the sanctioned plan' \ \

5.Takingnoteofthefactthatthepetitionershavepurchasedthe subject property bearing H.No. l3.g-|21/A, East Part, admeasuring 180 square yards, and property bearing H'No'13'g-l2llL' West Part' admeasuring 180 square yards, respectively in Plot No'23, situated at Lalitha Nagar, Gaddiarrnaram Viltage, Saroor Nagar Mandal, Ranga Reddy District, and there is an allegation of violation of principles of natural justice, this writ petition is allowed. The impugned notice dated , : :.::'';:': I . :ii :.j:. [ ': lu:;i.: [:, t, iii+ - i': 'ii' li':lrii;* 4 22-10.2025 issued by respondent No.4 is set aside. However, the speakir'g order dated 23.08.2025 shall be treated as show cause notice and the petitioners are directed to submit explanation to the same within a period of fifteen (15) days from the date of receipt of a copy of this order. on receipt of the expranation, appropriate orders shafl be passed by responde,t No.4 by giving opporfunity of hearing to the petitioners and to all other concerned./interested persons, in accordance with raw. There shall be no order as to costs. As a sequel thereto, misceilaneous applications, if any, pending in this writ petition, stand closed //TRUE COPY/ Sd/. T. SRINIVASA REDDY ASSISTANT REGISTRAR A To, State of Telangana. SECTIg|( OFFTCER 1' If,g fi/lylJcipal Administration Department, Secretariat Building, Hyderabad, 2' The,Cornmissioner, Greater Hyderabad Municipal Corporation, C.C.Complex, Tank Bund Road, Lower tahk eanJ ffiil,- Adarrh- N;g;;,-ir-yieraoao._ 500063 Nagar Zone, Gaddiannaram, Ranga nefUy 3' The Zonal Com.missioner, Greater_Hy.derabad tMunicipal Corporation L.B 4. T.he Deputv c^gntrtqsio_n_eq,- Gre.aler Hyderabad Municipal corporation L.B Nagar c:ircle, circre No.S office at saroo?nig; Hvoerabab. 5. one cc to SRr sRrNrvAS VELAGAPUDT, Advocate [opUC] 6. one cc to sRt sRlNtvAS RAo PACHWA, sc for GHTMC topucl 7 ' Two CC;s to GP, for.Municipal Administration and Urban Development, High

8. Two CD Copies Court for the State of Tetanjan ji *voeri'ojo.lolrf F-*- BSR/MP f n THE S ( :) 1.) .:: * 1 6 F[8 1026 * HIGH COUIRT DATED:28t'1012025 ORDER WP.No.32546 of 2025 ALLOWINIG THE WRIT PETITION, WITHOU]T COSTS (9- 'I _--J KS \f 'f -e