M..9,t-g!n"!l' v. Tle 9!ale 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 an appropriate writ, order or direction, more particularly a writ of Mandamus, declaring the action of the 3rd respondent in issuing the impugned proceedings vide Lr.No. 1 1 691c27 rf PstKpz c{Mclzozst2 dated 19t 1 1 t2o2s, as illegal, arbitrary, without jurisdiction, violative of Articles .t4, 19, and 3O0-A of the Constitution of lndia, and contrary to the provisions of tfie GHMC Act, 1955 and the TS-bPASS Ac|2020, set aside the said proceedings and consequenfly direct the respondents not to interfere with the petitioner's peaceful possession and enjoyment of the subject property bearing H.No.15-14l1, plot No..l0, Sy.No.27911, Venkataraopet, Venkatapuram, Lothukunta, Secunderabad, in any manner. IA NO i 1 0F 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 pleased to direct the respondents not to interfere with the petitioner.s peacefur possession and enjoyment of the subject property bearing H.No.15_14l1, plot No.10, sy.No.27911 , Venkataraopet, venkatapuram, Lothukunta, secunderabad, in any manner, pending disposal of the main Writ petition. Counsel for the petitioner : SRt D.KAVAL KUMAR counsel for the Respondent No.1 : Gp FoR McpL ADMN URBAN DEV counsel for Respondents No.2To4 : sRr K.RAVT MAHENDER, sc FoR GHMC The Court made the following: ORDER HONOURABLE SRI IUSTICE B. VIIAYSEN REDDY WRIT PETITION No.35705 OF 2025 ORDER: (ORAL) Heard Mr. Dr. D.Kaval Kumar, learned counsel for the petitioner; Mr. K.Ravi Mahender, leamed Standing Counsel for GHMC, aPPearing for respondents No.2 to 4; and perused the material on record.

2. t eamed Standing Counsel for GHMC submitted that this writ petition is not maintainable. The impugrred notice vide Lr. No. I 169/C27 I TPS/KPZGHMC 12025/2 dated 19. 1 1.2025 was issued to the petitioner in compliance of the order dated 08.10.2025 passed by this Court in W.P. No.30436 of 2025. The said writ petition was disposed directing respondent No.3 not to give effect to the demolition order for a period of two (2) months and further giving liberty to the petitioner to apply for revised plan or file regularization application under Sections 455.{ and 455AA of the Greater Hyderabad Municipal Corporation Act, 1955 (for short 'GHMC Act'). The petitioner was also directed not to make firther constructions in the subject property bearing H.No.l5-14ll' Plot No. I 0, in Survey No.279l1, Venkataraopet, Venkatapuram, Lothukunta. Secunderabad. However, the petitioner proceeded with further construction in disobedience of the order d&ed08 .10.2025 passed by this 2 Court in W.P. No.30436 of 2025, as such, the impugned notice was issued.

3. Leamed counsel for the petitioner submitted that further construction has not been undertaken by the petitioner after the order dated 08.10.2025 was passed by this Court in W.p. No.30436 of 2025. There is tlreat of demorition of the building as such, the petitioner is constrained to approach this court. It is submitted that the petitioner wilr maintain status quo and abide by the directions issued by this Court by order dated 08.10.2025 and wiil not raise any further construction till revised plan or regularization application is approved. The petitioner submitted representation dated 13.r0.2025 to the respondent authorities requesting them to implement the order dated 0g.10.2025 which is not acted upon.

4. According to the leamed Standing Counsel for GHMC, the petitioner did not submit format application for revised plan/ regularization application. As and when such application is submitted, nec€ssary action will be taken in accordance with law. )

5. Taking note of the undertaking given by the leamed counsel for the petitioner that further construction will not be undertaken by the petitioner in the subject proFyry, this writ petition is disposed of directing the respondent authorities not to give effect to the impugned notice vide Lr. No.ll69lC271 TPStKJZlcIl/rv{Cl 2025/2 datd t9.t1.2025 until application for revised plan/regutarization application is submitted by the petitioner. As and when such application is submitted, appropriate orders shall be passed by the respondent authorities in accordance with law, within a period of four (4) weeks thereafter. The petitioner is further directed to abide with the order dated 08.10.2025 passed by this Court in W.P. No.30436 of 2025. However, it is made clear that if there is any violation of the order dated 08.10.2025, and if it is found that unauthorized construction is made by the petitioner, the respondent authorities arc at liberty to implement the impugned norice dated

19.11.2025. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any; pending in this writ petition, stand closed. SD/.A.H.S. GOWRT SHANKAR ASSISTANT REGISTRAR //TRUE GOPY// To, 1 . The Principal Secr etary, Municipa I Administra Department, Secre tariat, Telangan a State, HYde SECTION OFFICER a Urban Deve loprne nt d

2. The Commissioner, Greater Hyderabad Municipal corporation, (GHMC), Tank Bund Road, Hyderabad.

3. The Deputy Commissioner, Grealer Hyderabad Municipal Corporation' Kukatpilty Zone, Circle No.27, Alwal, Hyderabad'

4. The Zonal Commissioner, Greater Hyderabad Municipal Corporation, Kukatpally Zone, Hyderabad.

5. One CC to SRt D.KAVAL KUMAR, Advocate. tOpUCI 6. Two CCs to-cP FOR MC'L ADMN URBAN DEV, High Court for the State of 7. One CC to SRt K.RAVTNDER MAHENDER, SC FOR GHMC. tOpUCI 8. Two CD Copies. Telangana. [OUTJ BSK BS Yr HIGH COURT DATED:25111t2025 I t 14s q 'k !),ITC\ ORDER WP.No.3ST}S of 2025 .DISPOSING OF THE WRIT PETITION WTHOUT COSTS $ .{ffd i,"..