High Court · 2025

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 wRlT OF MANDAMUS declaring the action of the respondents more particularly 4rh respondent in trying to demolish the compound wall of HMDA sanctioned layout developed by M/s. Harsha Homes and lnfra P- Ltd constructed in the land in SyNos.717(P),718(P)and723(P)situatedatKorremulavillage,Ghatkesar i ! I 1 : ! ') j I i I I ffi *n-- Mandal. Medchal-Malkaigiri District surrounding as the laYout is in a remote place intheinterestofpeacefullivingbytheresidentson2Tll2l2024andwithout gonsideringthepetitionersexplanationdatedo3tl2l2024tothenoticevide iilo.1847/COMM/HyDRAtu2024 dated 20t1112024 issued by the 4rh respondent is illegal, arbitrary, contrary to law and in violation of principles of natural justice and in violation of the provisions of TS Municipalities Act, 2019 and also in violation of Articles 14,21 and 300-A of constitution of lndia and consequently direct the respondent authorities to consider the petitioner s explanation dated 0311212o24 lo the notice vide No 1847/COMM/HYDRAA/2024 daled 20111t2024 issued by the 4th respondent and also directed to drop the fu(her proceedings by withdraw the said hotice. 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 respondent authorities to not to interfere in any manner / demolish the subject compound wall surrounding the HMDA sanctioned layout constructed in the interest of the peaceful living by the Residents by M/s. Harsha Homes and lnfra P Ltd as the layout is in a remote area in the land in Sy Nos 717 tiP), 71 8 (P) and 723 (P) situated at Korremula village, Ghatkesar Mandal, Medchal-Malkajgiri bistrict, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI G. NARENDER REDDY Counsel for the Respondent No.1: AGP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2: AGP FOR REVENUE Counsel for the Respondent Nos.3 and 4: SRI KATIKA RAVINDER REDDY' S.C. FOR HYDRAA The Court made the following: ORDER S*".*.:r.'.. ' HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PEIITION No.392 of 2O2S ORDER: Heard learned counsel appearing for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1, learned Assistant Government Pleader flor Revenue appearing for respondent No.2 and Sri Katika Ravinder Reddy, learned Standing Counsel appearing for respondent Nos'3 and 4. Perused the record.

2. Petitioner herein is a Developer in respect of land admeasuring Ac-2O-23 gts., in Sy.Nos.717 part,718 part and. 723 part, situated at Korremula village of Ghatkesar mandal, Medchal-Malkajgiri district. On obtaining layout permission bearing No. 18/MP2l LO / HMDA I 20 I 3, letter No.1o0260/Mp2lPlglHMDA|2ot3, dated 04 04'2ots from HMDA, it has completed the development/ construction. It has sold plots to individual owners' There r KL'J W.P.Nc.392 of 2025 2 are 190 plot owners and 80 plot owners have already construct.ed houses. While the matter stood thus, respondent No.4 has issued impugned Show Cause Notice, dated 20. ll.2024 to the Managing Director of the petitioner stating that he has received complaint dated

24.O9.2O'2,4 stating that he is blocking the Harsha Homes and INITRA layout roads situated in Pocharam Municipaliry, Medchal-Malkajgiri district. In the said notice it is further stated as follows: "Further, this olfice has come to know that you haue blocked: l. HT Line road in M/ s Harsln Homes and Infra layc'ut. lI. Connecting roads to further colonies at Plot No.12A'121'122. III. Connecting roads to furtLer colonies ot Plot No.(1'2) and (1 16, 117,118) IV. Conrrccting roods to further colonies at Plot No.(2'3) and ft,S) V. If an.g other blocked roads in M/ s Harsho Homes and Infra L'tgout" Therefore , respondent No.4 instructed to unblock the above mr:ntioned roads failing which tfre same will be removed and expenses will be recovered from the Managireg Director of the petitioner. r: KL,J W.P.No.392 ot2025 3

3. The Managing Director of the petitioner has submitted explanation, dated 03.12.2024 to the said notice. Without considering the said explanation, respondent Nos.3 and 4 are trying to take action and removing the alleged blocking of the roads in terms of the notice dated 20.11.2024, without following due procedure laid down under law. Therefore, challenging the action of respondent Nos.3 and 4, petitioner hled the present writ petition.

4. Whereas, Sri Katika Ravinder Reddy, learned Standing Counsel appearing for respondent Nos.3 and 4, on instructions would submit that respondent No.4 will consider the explanation submitted by the Managing Director of the petitioner and also conduct inspection of the site by putting the Managing Director of the petitioner company and all the interested parties on notice and will take action basing on the complaint dated 24.09.2O24, it accordance with law. KL,J W.P.No.392 of 2O25 4

5. In rriew of the said discussion, this writ petition is disposed of directing respondent Nos.3 and 4 to inspect the subject property and also consider the explanation submitterl by the Managing Director of the petitioner' If, the allegzLtions made in the complaint dated 24.09.2024 are founrl to be true, they shall take action for un- btocking of Harsha Homes and Infra layout roads situated at Pocharam Municipality, Medchal-Malkajgiri district, by putting the Managing Director of the petitioner company and also all the interested parties on notice and affording them an opportunit5r. However, they shall cornplete the said exercise within a periocl of six (6) weeks from the date of receipt of a copy of this order. There sherll be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. //TRUE COPY// Sd/- P. CH. NAGABHUSHAMBA REGISTRAR AS ON OFFICER To, 2 1 The Commissioner, Hyderabad Disaster Response and Asset Protection Agency (HYDRAA), 7t' Floor, Budha Bhavan ilanigunj side of Tank Bund, Hyderabad The Deputy City Planner Hyderabad Disaster Response and Asset Protection Agency (HYDRAA), 7th Floor, Budha Bhavan Ranigunj side of Tank Bund, Hyderabad One CC to {lri G. Narender Reddy, Advocate [OPUCI 3 4 Two ccs to GP for Municioar Administration Orban Deveropment, High court fii:if'nii,J.3nP#A$i[t'lf'l *p", *. .,"," or re,angana, at ,/ 5 Hyderabad[OUT] One CC to Sri Katika Ravinder Reddy, S.C. for HyDRAA [OPUC] Two CD Copies

6. 7. TJ MP a @) i f ( e 1 r1f Si"fA i (r 2 E frd 2025 (s z -t ^\1{::It oe- HIGH COURT DATED:0710112025 ORDER WP.No.392 of 2O25 DISPOSING OF THE WRIT PETITION WITHOUT COSTS t y>