Damodaram Mohan 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 high handed action of the respondents particularly the respondents 2 and 3 in not considering the application of the petitioner dated.

17.11.2025 made for regularization and attempting to demolish the unauthorized structures and deviations over the house property bearing House No. 11-13-145 on Plot No.2, admeasuring2TT Sq.Yds or 231.59 Sq.yds in Sy. No. 7lD (J).an), situated at Dwaraka Nagar, Saroornagar Mandal, Ranga Reddy District, that too during pendency of application of the dated 20.'t 1 .2025 made under Section 455-A and 455-AA of GHMC Act. 1955, is arbitrary, illegal, uniust, unconstitutional, violation of principles of natural justice and also contrary to the provisions of GHMC Act, 1955 and the Rules made thereunder, and consequently direct Respondents 2 to 4 not to interfere or demolish the unauthorized construction over the subject property, without following due procedure as contemplated under law. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 2 to 4 not to take any coercive steps of demolition of the unauthorized structures and deviations over house property House No. 11-13-145 on Plot No.2, admeasuring 277 Sq.Yds or 231.59 Sq.yds in Sy. No. 7/D (Pan). situated at Dwaraka Nagar, Saroornagar Mandal, Ranga Reddy District, without following the procedure contemplated under law, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI CHINTHAKAYALA RAHUL Counsel for the Respondent No 1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondents No 2 To 4: SRI SRINIVASA RAO PACHWA, SC FOR GHMC The Court made the following: ORDER - t/ THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.35595 OF 2025 ORDER:(ORAL) Heard Mr. Rahul Chintakayala, leamed counsel for the petitioner, and Mr. Srinivasa Rao Pachwa, leamed standing counsel for the GHMC, appearing for respondent Nos.2 to 4. 2- The petitioner claims to be owner and possessor of the property bearing H.No.ll-13-145, Ptot No.2 admeasuring 277 square yards in Survey No.7/D (part) situated at Dwaraka Nagar, Saroomagar Mandal, Ranga Reddy District. The petitioner applied for building permission vide permit No.480865/l ll6rclnvlcl2025 dated 10.02.2025 for construction of building consisting of Stilt for parking + two (2) upper floors. The petitioner was also issued work commencement letter dated 14.03.2025.

3. It is stated that in contrary to sanctioned plan, the petitioner has constructed Stilt + four (4) upper floors and subsequently the petitioner made application dated 17 .l I .2025 under Sections 455-4 and 455-AA of the Greater t{yderabad Municipal Corporation Act 1955 seeking regularization of the unauthorized construction. \-.. 2 Grievance of the petitioner is that pending consideration of his regularization application, respondent No.4 is interfering with the construction made by the petitioner in the subject property. That on 20.11.2025, the officials of respondent No.4 came to the subject properfy with demolition squad and attempted to demolish the unauthorized structures. As there is threat of demolition, the petitioner is constrained to approach this Court and file this writ petltron.

4. Learned standing counsel for the GHMC submitted that respondent authorities will consider the regularization application dated 17.11.2025 of the petitioner and pass orders in accordance with law.

5. Recording the submissions of the learned standing counsel for the GHMC, the writ petition IS disposed of, directing respondent Nos.2 to 4 to consider the regularization application of the petitioner dated 1 7. I | .2025 in respect of the bearing H.No, I I - l3- 145, Plot No.2 admeasuring 277 square yards in Survey No.7/D (part) situated at Dwaraka Nagar, Saroomagar Mandal, Ranga M 3 Reddy District, and pass orders, by affording opportunity of hearing to the petitioner, within a period of four (4) weeks from the date of receipt of a copy of this order. pending consideration of the regularization application submitted by the petitioner dated

17.11.2025, status quo, obtaining as on today, shall be maintained in respect of the subject property. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. SD/. M. NAGAMANI ASSISTANT REGISTRAR //TRUE COPY// CTION OFFICER To,

1. The principal secretary, lVlunicipal Administration and Urban Development, State of Telangana, Secretariat, Hyderabad.

2. The Muncipal Commissioner, Greater Hyderabad Municipal Corporation, Tankbund Road, Hyderabad,

3. The Deputy Commissioner, Greater Hyderabad Municipal Corporation, Circb- 5, L.B Nagar Zone, Saroornagar.

4. The Assistant City Planner, Greater Hyderabad Municipal Corporation, Circle- 5, L.B Nagar Zone, Saroornagar.

5. One CC to SRl. CHINTHAKAYALA RAHUL, Advocate [OPUC] 6. Two CCs to GP FOR MCPL ADMN URBAN DEV ,High Court for the State of Telangana at Hyderabad . [OUT]

7. One CC to sRt sRrNrvASA RAo PACHWA, sc FoR GHMC, [OPUC] 8. Two CD Copies DAN PVL \+ HIGH COURT DATED:21111t2025 ORDER WP.No.35595 of 2O2S ( lrE S lrr I ? ?t]?6 r l9r,tV* '.\ tt-\ tr5p.41r-1ril --- -, -..1:-- z -t * DISPOSING OF THE WRIT PETITION WITHOUT COSTS A,rk ro(- 2r\