Smt. Dr.S.Bhanu Swetha v. The State of Telangana

5. Sri Lanka Lakshminara years, Occ . Business, Hyderabad yana, S/o Sri Lanka Sriramamurthy Aged about 64 R/o H. No. 131 423 P and T Colony Gaddiannaram ..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 an appropriate writ order or direction more in the nature of writ of Mandamus declaring the orders in proceding bearing No. 24M23lUCl CiRS/GHMCl2025 UNDER SECTION 461-A GHMC Act, 1955 without giving any oportunity, without hearing the petitioners, to permit the petitioner to make further construction, the action of the respondent No.4 as illegal arbitrary unauthorized and violative of Articles 14, 21 and 3004 of the Constitution of lndia consquentialy set aside the procding No. 24M23lUCl C|RS/GHMCI2O25 dated 03-11-2025 issued by the respondent no.4. lA NO: 1 OF 202! Petition under Section 151 CPC praying that in the ci"cumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the order in proceeding No.24lW23lUCl ClRsiGHfvlCl2O25 dated 03-11- 2025 pending disposal of the above writ petition. Counsel for the Petitioners : SRI G RAJESHWAR RAO Counsel for the Respondent No 1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondents No 2to 4: MR SRINIVAS RAO PACHWA, SC FOR GHMC Counsel for the Respondent No 5: --- The Court made the following: ORDER HONOURABLE SRI IUSTICE B. VIIAYSEN REDDY PETITION No.35399 OF 2025 ORDER: (ORAL) Heard Mr. G.Rajeshwar Rao, learncd counsel for the petitioners; Mr. Srinivas Rao Pachwa, learned Standing Counsel for GHMC, appearing for respondents No.2 to 4; and perused the material on record

2. Learned Standing Counsel for GHMC submitted that the writ petition is not maintainable. The petitioners were granted building permission vtde permit No.0808/GHMC/IA/C512025 dared 30.10.2025 flor consrruction of stilt + 2 upper floors in the property bearing H.No.13-10-111, Plot No.54 admeasuring 126.81 square meters in Survey Nos.262 and265, Gaddiannaram, Saroornagar Mandal, Ranga Reddy District. On complaint of respondent No.5 that the petitioners have not left the road alfected portion and started making unauthorized construction in respect of the subject property, it was found that the petitioners are making construction in deviation of the sanctioned plan without maintaining any mandatory setbacks. Further, the petitioners have not left the master plan road affected area. The petitioners are constructing two (2) individual buildings having obtained single building permission. Subsequently, show cause notice dated 21.08.2025 was issued to the petitioners directing them to submit explanation within a period of fifteen (15) days. The petitioners did not submit any reply nor attended personal hearing. Thereafter, speaking order-dated 21.09.2025 was passed directing the ? Ecr 2 petitioners to remove the unauthorized construction being made by them in the subject property. In compliance of the said speaking orcler, the impugned notice dated 03.11.2025 was issued by respondent No.4 undcr Section 461-A of the Greater Hyderabad Municipal Corporation Act, 1955 (lbr short 'GHMC Act') and the unauthorized construction made by the petitioners in the subject property was sealed.

3. Learned Standing Counsel submitted that the petitioners, having not challenged the speaking order dated 21.09.2025, cannot be permitted to challenge the impugned sealing notice dated 03.11 .2025 issued under Section 461-A of thc GFIMC Act.

4. Learned counsel for the petitioners submitted that the petitioners may be given liberty to avail regularization under Sections 455-4 and 455-AA of thc GHMC Act.

5. Considering the fact that the speaking order dated 21.09.2025 has not been challenged by the petitioners and the impugned notice dated 03.11 .2025 issued under Section 461-A of the GHMC Act is consequential to the speaking order and in fact, the sealing of the subject property was already affected on

03.1 1 .2025, this Court is not inclined to pass any orders. I' 5 6- Accordingly, this writ petition is disposed of. However, the petitioners are given liberty to apply for regularization of the unauthorized construction made in the subject property bearing H.No.13-10-l I l, plot No.54 admeasuring

126.81 square meters in Survey Nos.262 and,265, Gaddiannaram, Saroornagar Mandal, Ranga Reddy District or file revised building pennission and rccrifi, the construction undertaken by the petitioners in confonnity with the building laws.

7. As the order is passed without entering into the merits of the case, notice to respondent No.5 is dispensed with. However if, respondent No.5 is, in any way, aggrieved by this order, he is at liberty to approach this court seeking for modification of this order. There shall be no order as to costs. As a sequel thereto, miscellaneous applications. if any, pcnding in this writ petition, stand closed. I Sd/.A.H.S. GOWRI SHANKAR ASSISTANT REGISTRAR 6 SECTION OFFICER //TRUE COPY// To,

1. The Principal Secretary, MunicipalAdministration and Urban Development Oepartment, State of f6langani, Secretariat, Hyderabad'

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

3. The ZonalCommissioner, L B Nagar Zone, Greater Hyderabad Municipal Corporation, L. B Nagar, Hyderabad 500074

4. The Deputy Commissioner, Circle sth GHMC Office Gaddiannaram Zone' Saroorriaghr, HYderabad.

5. One CC to SRI G RAJESHWAR RAO Advocate [OPUC] 6. Two CCs to ,GP FOR MCPL ADMN URBAN DEV,High court for the State of Telangana. [OUT]

7. ONE CC tO . SRI SRINIVASA RAO PACHWA, SC FOR GHMC [OPUC] 8. Two CD CoPies a,\ W \ HIGH COURT DATED:2011112025 ORDER WP.No.35399 of 2025 ilE $-i () ,_) 24 N0! * DISPOSED OF THE WRIT PETITION WITHOUT COSTS