The High Court · 2025

within the limits of Circle No.24, GHMC, pending finalizatior of the Writ Petition. lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the c rcumstances stated in the affidavit filed in support of the petition, the High Courl may be pleased to direct the respondents not to interfere with the peac:f ul possession and enjoyment of the petitioner's Shop No.2 in cellar Door No.2.22-275IB/S2/NR with PTIN No.1220200057 situated in Krishnaveni Comrrercial Complex at Bhagyanagar Colony, Kukatpally within the limits of Circle lrlo.24, GHMC without following due process of law, pending finalization of the Wri Petition. Counsel for the Petitioner: SRI KADARU PRABHAKAR RAO Counsel for the Respondent No.1: GP FOR MCPL ADMN & URBAN DEV Counsel for the Respondent Nos.2 & 3: SRI RAVI MAHENftER, SC FOR GHMC The Court made the following: ORDER IN IHE HIGH COLIRT FOR'TI{E S'fA'fE OF TELANGANA AT HYDERABAD HON'BLE Szu JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.37891 OF 2025 Date:09.12.2025 Between Tulluri Prithvitcj The State ol'['elangana, Rcp. by its I'rincipal Secretary, Municipal Administration & Urban Devcloprnent (MA&tJD) I)epartment, Secrctariat. Hyderabad & 2 others. ORDER (ORAI,) Petitioncr AND . Respondents This rvrit pctition is filed seeking to declare action of respondent No.3 in scaling the petitioner's Shop No.2 in Cellar of Premises bearing Door No.2-22-27518lS2/NR with PTIN No.1220200057 situated in Krishnaveni Commercial Complex at Bhagyanagar Colony, Kukatpally, during pendency of the pending proccedings in show cause notice No.UC-347/W- 123lClR- 24ITPS/GHMC12025 dated 24.11.2025 without any prior notice or opportunity and without follou,ing due process of law as illegal, arbitrary, discriminatory and r.vithout jurisdiction. violation ol the provisions of the GHMC Act and also in violation ofthe Articles 14. 19.21 and 300-A of the Constitution of India ) BVRJ wP 37E91 2025 2. Mr. Ravi Mahcnder, learned Standing Counsel lor. respondent Nos.2 and 3 - GI{MC, produccd rvritten instructions and subm tted lhat as pcr the general order passed bl, this Courr in W.P. No.12889 ol 20 1: dated29.04.2025, the'cellar portion which is unauthorisedly usc<i by the pet tioner lor running a wine shop has been scaled. Show Cause Notice dated 24.11_2025 was issued to the petitioner stating that permission rvas issued on 23.03.1996 for construction of cellar * grounrl + t\\o uppor lloors: that thc pctitioncr ntatle dcviations to lhe sanclioned plan and constructed commercial shops in thc ccllar which is meant lor parking. 'fhe pctitioncr was givcn fiftccn (15) dr1.s rirne to submit explanation to the show cause noticc. Subscquently. Notict under Sections 461- A wtd 462 ol the GIIMC Act 1955 dared 29.1 [.2025 rvas i;sued pursuant to the directions of this Court in W.P. No.l2tt89 ol 2025 dated 1t9.04.2025 and the unauthroised shops and u,ine shop in the ccllar have been serrl:d.

3. Mr. V.S.R.M.V. Prasad Sanaka- learned counsel lirr thc Bhagyanagar Residents Welfare Association. submitted that action r.r rLs taken against the petitioner on thc complaint datcd 31.10.2025 ol the Bhagyanagar Residents Welfare Association and has instructions liom them to oppo;c the u,rit petition. -)

4. Mr. Kadam Prabhakar Rao, learned counsel for the petitioner' submined that repty will be submitted to the show cause notlce dated 24.11.2025 and also thc notice dated 29 ll '2025 issued under RITITJ wP 17691 2015 SectioRs 461-A and 462 of the GHMC Act'

5. tn the circumstances' the peritioner is directed to submit his reply to both the notices dated 24 -11.2025 and 29'11 2025 within five (5) days from toda-v, and upon subtnission ol'such reply, respondent No'3 shall consider the same by giving opportunity of hearing to the petitioner as wcll as thc Bhagyanagar Residents Wellarc Association and pass orders in accordance with law. 't'hc sealing of shops in the cellar of the subject property including wine shop shall be subject to outcome of the enquiry pursuant to the impugned show cause notice datcd 24.11.2025. Accordingly, the writ petition is disposed of' at the admission sage itsel['. No order as to costs' As a sequel thercto, miscellancous applications, if any' pending in thc writ p_e!{ioq sta4d qlosed SD/- MOMINA MEHAR ASSISTANT REGISTRAR 6 SECTION OFFICER I //TRUE COPY// The Principal Secretary, Municipal Administration and Urban Development (MAand Ub) Dept, Se6retariat, Hyderabad' State of Telang?na - . .- - ^. ihe Commilsioner, Greater Hyderabad Municipal Corporation (GHMU)' Lower Tank Bund Road, HYderabad. ihe Deoutv Commissioner. Circle No.24, Kukatpally, GHMC, Hyderabad' one ci to'SRl KADARU PRABHAKAR RAO, Advocate [oPUc] i*o CCtio GP FOR MCPL ADMN & URBAN DEV, High Court for the State of Telangana, at Hyderabad. [OUT] one cc"to sRl Ric-vl MAHENDER,-SC FOR GHMC [OPUCI Two CD Copies To 1 2 3 4 t 6 7 PSK. PSK HIGH COURT DATED:0911212025 CC TODAY ORDER WP.No.37891 ot 2025 , ;; <c i','<fu :l:Yj',-j I r '- i. rl- i\. . -) \j,/1 \1.-, ,-----r-;]\ '.' '\'v',.''', \_ -f I Ei/l,t'11r .-'!' ^.$$ \\ t1 .!- DISPOSING OF THE WRIT PETITION WITHOUT COSTS g) A