M/s. Sanman Trinity Friends Association, Rep By its Secretary, Mr v. Chandra Sekhar Hdving its registered office dt- Villa No

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, Orders or Direction, particularly in the nature of Writ of ltrla ndamus- a. Declaring the action of the Respondents no. 2 in issuing notice for demolition of the compound wall vide No. 295751/TPS1C251KPZGHMC2025 dated 06.10.2025 and attempting to demolish the compound wall on 03.11.2025 as being bad, illegal, arbitrary, violative of Articles 14 and 19 and contrary to principles of Natural Justice and GHMC act, '1955 and set aside the same '=,17 b.Consequently, d,rect the Respondent no.2 not to intertere: with the possession of Sanman Trinity villas situated in Pet Basheerabad village, Quthbullapur Mandal, Medchal- \,4alkajgiri District particularly in relatior tf the boundary wall raised to protect the property of the Petitioners so as to prevent any illegal interference. lA NO: 'l OF 2025 Petition under Section 151 CPC praying that in the cir:umstances stated in the affidavit filed in support of the petition, the High Court r-rity be pleased to stay all further proceedrngs in relation to the notice vide No. 2(t1t1llTPSl C2Sl KPZI GHIUC2025 dated 06.10.2025 issued by the Respondents rrc. 2, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI A.NAVEEN KUMAR Counsel for the Respondent No.1: cP FOR MCPL ADMN (,FIBAN DEV Counsel for the Respondent No.2: SRI RAVI MAHENDER, SC FOR GHMC The Court made the following: ORDER =-l-FT ,/ THE HON,BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITI oN No.3 4283 of o25 ORDER Heard learned counsel for the petitioners and Mr' Ravi Mahender, learned standing counsel for respondent No'2 - GHMC' Learned counsel for the petitioners submitted that the 2. petitioner No.1 is the Association of Villa Owners of Sanman Trinity Villas, Petbasheerabad Village, Brundavan Colony, Quthbullapur Mandal, Medchal-Malkajgiri District and petitioner No'2 is the owner of Villa No.45. The villas were constructed by the respondent No'3 by obtaining Building Permit Order No.5 3433/HO/NZ/Cir-l5l2OL6 dated 08.02.2018 for an extent of Ac.3.39 guntas out of total land admeasuring Ac.5.34 guntas in Sy.Nos'25/1BNA, 25l1JA and 25/1]HA, Pet Basheerabad Village, Quthbullapur Mandal, Medchal- Malkajgiri District and a compound wall was constructed by the developer as per GHMC approved sanction plan' The petitioners had been in peaceful possession and enjoyment of the Villas' It is stated that, while so, the impugned notice dated 3. 06.10.2025 is issued by the Deputy Commissioner, Circle No'26' GHMC, under Section 402 of the GHMC Act, 1955, directing the petitioners to remove the compound wall on the roads towards Easters of M/s. Sanman Homes Private Limited Western side of ) M/s. Kuna Mahalakshmi Developers within seven da'zs, failing which action will rle taken by the GHMC to remove -ire same under Section 405 of the GHMC Act. The impugned no[ c,l is issued tn violation of prrnciples of natural justice and the pet t oners were not given opportunity to explain their case and st|aightaway the impugned notice is issued directing to remove the con- pound wall.

4. Learned standing counsel for GHMC suD xitted that a compliant has been filed by one Mr. Y. Ravi Prasac, C;PA holder for the land in Sy.No.25l1/E and also SANMAN Homes rerpresented by its GPA holder Mr. Sharan Surendra and another n Sy.Nos.25l1 BHA, 25/l JHA and 25l1 GHA part to an extent of Lc.5.34 guntas, for closing the 40 feet approach road to his in Sy.N,r-.;.2I, 576 and 577 situatecl at Alwal Village and Mandal, lvlcc chal-lvlalkajgiri District and Sy.Nos.25l1 situated at Petbashee.; bad Village, Quthbullapur l.4andal, Medchal-Malkajgiri Distict ancl requested to take action. Based on the said complaint. notice date(l 06.10.2025 was issued to the petitioners and orders will b,r passed in accorda nce with law.

5. The Deputy Commissioner, Circle No.25, GHMC, Hyderabad, is suo motu impleaded as respondent No.4 in th is 'rurit petition. As this order is passed without entering into the merits, of the case, the notice to respondent No.3 is dispensed with. Y (r I 3

6. In view of the submissions made by the learned counsel for the petitioners that the impugned notice is not preceded by prior show cause notice and opportunity of hearing was not given to the petitioners, the impugned notice dated 06.10.2025 is set aside. The respondent No.4 is directed to issue fresh notice to the petitioners, respondent No.3 and other interested persons in connection with closing of 40 feet approach road to land in Sy.No.21, 576 and 577, Alwal Vitlage and Mandal. Medchal- Malkajgiri District and Sy.No.25l1, petbasheerabad ViIage, Quthbullapur Mandal, Medchal-Malkajgiri District and pass orders, in accordance with law, within a period of six (6) weeks from the date of receipt of a copy of this order. pending such exercise, status quo, obtaining as on today, shall be maintained in respect of the subject compound wall. If the respondent No.3 is aggrieved by this order, it is at liberty to seek modiFication. The writ petition is disposed of. The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to cgs_t!. To, //TRUE COPY// SD/.A. JAYASREE ASSISTANT RE,GISTRAR e SECTION OFFICER

1. The Principal Secretary, tr/unicipal Administration and Urban Development (MA and UD) Dept., Secretariat, Hyderabad, State of Telangana.

2. The Commissioner, Greater Hyderabad Municipal Corporation, Tank Bund Road, Hyderabad.

3. One CC to SRI A.NAVEEN KUMAR, Advocate [OPUCI 4. One CC to SRI RAVI MAHENDER, SC FOR GHt\i1C [OPUC] 5. Two CCs to GP FOR MCPL ADMN URBAN DEV, High Court for the State of Telangana at Hyderabad [OUT]

6. Two CD Copies BSR i..:ErJ-4E'I - HIGH COURT DATED: 1111112025 CC TODAY 1i' iJ iAl c ;J !:) \".i.: i 1 ,t ?.m .l-5 n-.. -i:-ll: : ,..;._, .t: ,;t .,,.,1-'; I ORDER WP.No.34283 ot 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS q