Kotha Anusha v. I State of Telangana

The Asst Crty Planner, Greater Hyderabad firlunicipal Corporation, Malkajigiri circle No.28 secunderabad ...RESPONDENTS Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue wnt order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent No.3 and 4 in interfering into the construction activity in the place of existing plot No. 29-4S5 (Old No.28-175/38) situated at Dinkara Nagar, Neredmet, Within the limits of GHMC of Malkajgiri Circle, tvlalkajgiri Mandal, Medciial-Malkajgiri District without passing any order even though the petitioner submitted the explanation on 10.1 1.2025 in pursuance of the notice vide No.1010/ACP/TPS/C-28lSDZ/GHMC dated 10.1O.2025 petitioner encroached the road affected area i.e., 2.'10 mts of proposed 30.0 mts wide road as arbitrary and illegal and violative of principles of natural justice and consequently direct the respondent No.3 and 4 to not to interfere into the construction activity of the petitioner in the subject land in any manner 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 No.3 and 4 to not to interfere into ther :onstruction activity of the petitioner in the plot No. 29-495(old No. 28-175/38) situated at Dinkara Nagar, Neredmet, Within the limits of GHIVC of Malkajr;i.i Circle, lr,4alkajgiri [ri4andal, lvledchal-lr,4a lkajg iri District in any manner. Counsel for the Petitioner: SRI GUDI MADHUSUDHAN REE Dy Counsel for the Respondent No.1: cP FOR MCPL ADMN U {3AN DEV Counsel for the Respondent No.2 to 4: SRI G.MADHUSUDFILN REDDy, SC FOR GHMC The Court made the following: ORDER I r I i t i i ! l HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRI'I PETITON No.37483 OF 2025 DATE OF OR-DER: 08-12-2025 Behveen: Mrs. Kotha Anusha ... Petitioner AND The State ol"l'elangana Rep. By its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Hyderabad, and three (3) others. ... Respondents ORDER:(ORAL) This writ petition is filed by the petitioner seeking to declare the action of respondent Nos.3 and 4 in interfering with her propefty bearing H.No.29-495 (Old No.28-175/38) situated at Dinkara Nagar, Neredmet, Medchal-Malkajgiri District, without passing any orders pursuant to the explanation submitted by her dated 10. I I .2025 to the show-cause notice vde No. 101 0/ACP/TPS lC-28lSDZlGLlMC dated 1-0. 10.2025, as being illegal and arbitrary. 2

2. Heard Mr. (iudi Madhusudhan Reddy, learreC counsel for the petitioncr. Mr. (i. Madhusudhan Rcdd1,. Ie:rrned standing counsel tbr the GHMC, appcaring tbr respondent N( s 2 to 4.

3. 1-he petitioner claims to be orvner ol'the srrbject propefty having purchased thc same undcr registered sale leerl bearing document No.3445 ol' 2020 dared 05.0g.2020. The neritioner obtaincd building pcnnission lrorn respondent No.3 t,ide permit No.469549/0087 lGllMC /202-5 dated 06.01.2015 ft,r consrrucrion ol stitt fbr parking + three (3) upper iloor.s in an e> tgnr ql'31g.72 square meters. 'fhe pctitioner was also i;sue<[ work comlnencement lettcr dated i0.01 .2025. Show-carr:.e notice datcd

10.10.2025 was issued to the petitioner alleging rhr r sirc is doing construction by encroaching road alfected area of _1.10 nteters of proposed 30.0 meters wide road. The pctitio,t.r submitted explanation dated 10. I1.2025 to the show-cause .rotice dated

10.10.2025, however, the same has not been conside:e d and orders were not passed.

4. Leamed counsel for the petitioner contendeil that even belore conclusion of enquiry pursuant to the shou,_,:ause notice J i i I dated 10.10.2025, respondent Nos.3 and 4 are interfering with the construction activity undertaken by the petitioner in the subject propcrty. l'hus, the petitioner is constrained to approach this Court.

5. Learned standing counsel for the GHMC submitted that apart from show-cause notice dated 10.10.2025, another show- cause notice uide Notice No.46549/W-1 37/TPS/C-28ISBZ/GHMC /2025 dated 18.11.2025 has been issued to the petitioner pointing out the setback deviations in addition to the encroachment ofroad.

6. l lowever, learned counsel fbr the petitioner submitted the petitioner has not received any show-cause notice dated

18.1t.2025.

7. A copy of show-cause notice dated 18.11.2025 is served on the leamed counsel for the petitioner.

8. As it is stated by the learned standing counsel for the GHMC ( ( that another show-cause notice dated 18.11.2025 was issued to the petitioner and so far the petitioner has not submitted reply to the same, the writ petition is disposed of, directing the petitioner to 1 submit explanation to the show-cause notice vrde r.,,N ttice No.46549 /W-137/TPS/C-28/SBZ/GHMC.l2025 dated I8.t L.:(l:.5. rvirhin a period often (10) days fiom today. On receipt olsu:[r explanation, respondent ).1o.3 is directed to conduct enquirv. b1. alfbrding oppoftunity of hearing to the petitioner, and pr:rs orders, IN accordance q,itl'r law, within a period of four (4) r,v eeks thereof. Further, the petitioner is directed not to make any tonstr'r]ctlon ln deviation of the sanctioned plan. However, il'it is rbund by rcspondent Nos.3 and 4 that there are deviations to tlte. sanctioned plan, they are at libefty to stop the construction a _:Iivitv. There shall be no order as to oosts. As a scquel thereto, miscellaneous applic: tions. il any, pending in the writ petition stand qlosed. //TRUE COPY// .SRIN.IVASA REDDY \Y TANT REGISTRAR SECTION OFFICER To, I I i tJrban DeveloPment, 2 3

1. The PrinciPal Secretary, tr,4unicipat Administratio Secretariat, HYd erabad, State of Telangana The Commissioner, Greater HYderabad Mu nicipal CorPoration The DePutY Commissioner' Corporation, Secunderbad li/alkajgiri Circle 28, Greate ' llYde rabad MuniciPal :^i^^r ^ 1r^^rarinn tvlalkaiioi 4. The Asst city etannei;reater Hyderabad Municipal Jrrporation lt/alkajigirt 5. One CC to SRI CUOr irf-nOTfUSUDHAN REDDY-' Advor'ate IOPUC] 6. one cc to sRI C.runoHilSU-O-nnr'r REDDY' SC FOR (lllt\'4c [OPUC] 7. Two ccs to GP FoR"M;iiAort'lr'r unanN DEV' Higtr 3our1 for the State of 8. Two CD CoPies Telangana at Hyderabad [OUT] circle No.28 secunderabad BSR 1,, .'ut HIGH COURT DATED:0811212025 CC TODAY . .-1'f: . -: ./"'; J. \;'':':' ;' 4 t;. ? ._) rL{t ?025 2 i) |:r i -:.,-;' :',.r ORDER WP.No.37483 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 6),r "y \