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 writ, order or direction more particularly one in the nature of Writ of Mandamus, a) Declaring the action of the 2nd respondent in interfering and sealing property of the petitioner in the land admeasuring6050 Sq.ydsin lvlunicipal No. 1-9211124lAin Sy.No. 13 situated at Khanamet Village, Serilingampally Mandal, R. R Districtas illegal, arbitrary, without power, authority and jurisdiction and not valid in law and against Article 14 and 21 of the Constitution. b) Consequently direct the 2nd respondent to restrain from interfering and sealing property of the petitioner in the land admeasuring 6050 Sq.yds in Municipal No. 1- 9211t24tAin Sy.No. 13 situated at Khanamet Vrllage, Serilingampally tvlandal, R. R. District. c) Also pray for other consequential and incidental reliefs, including a direction to the respondents not to interfere with the lawful ownership and possession of the petitioner. - l.A. NO: 1OF 2014 WPMP. NO:27762 OF 2014) 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 2nd respondent to remove the seal from the property of the petitioner in land admeasuring 6050 Sq.yds in Municipal No. 1-9211l24lAin Sy. No. 13 situated at Khanamet Village, Serilingampally Mandal, Ranga Reddy District along with consequential and incidental reliefs, including a direction to the respondents 2 and 3 not to interfere with the lawful ownership and possession of the petitioner, pend ing disposal of the writ petition. Counsel for the Petitioner: Ms.N.NIYATHA Counsel for Respondent No.2: SRI G.MADHUSUDHAN REDDY, SC FOR GHMC Counsel for the Respondent No.1 : GP FOR MCPL ADMN-URBAN DEV The Court made the following: ORDER THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION No.22139 of 2Ol4 ORDER: This writ petition is lilcrl st:t:kirrg lollowing rcli<--f "....to issue ar.t appropriatr: writ or direction and rnore particularly onc in the nature ol- Writ of Mandamus der:laring tlre action o[ respondent No.2 in i lcrlerinB and scali[g property of thc pctitioner in thc Iand admeasuring 605O squarc .yards in Municipal No. l-92/l/24/A in survcy No. l3 situated at Khanamet Village, Selilingampallv Mandal, R.R. District as illegal, irrlrrtrary flr.i pra\s to direct the respondent No.2 to rcstrain fronr interfering and sealing property of the petitioner in thc ;rt)ove said land and irlso prays for other consequential and incidcntal reliefs inctu<ling a dircction to respondents not to interfere wittr ttre law[ul ownership and possession of the petitioner." N. Niyatha, learned counsel for the petitioncr and Sri G 2 Ms. Madhusudhan Reddy, learned Standing Counsel for resporrdent No. 2 are present.

3. It is the case of the petitioncr that petitioncr is the owner of land admeasuring land admeasuring 6050 square yards in Municipal No. l - 92lIl24/A in survey No. l3 situated at Khanarnet Village, Serilingampally Mandal, R.R. District (subject property) lraving acquired the same under the Registered Sale Deed No.12OO3 of 2012 datcd )

25. 10.2012. The petitioner applied for building permission on '27.O7.191)7 and the Municipal Commissioncr, Serilingamplrlll' MLrnicip:rlity uirJe Pror:eedings No.G-93/BP/1534 197 anrl permission was grarrted and petitioner has also paid betterment char6les on 03.07.199(r. Pctitioner submitted another application to respondent No.2 or')

06.02.20 14, however, the same was not considered within thc stiplrlat(:(l pt'riorl t.rl' thirty clays of receiving the application and }.rt:r.r'c, tlrc pt'titionr:r on 16.O4.2014 had given notice to the respondent No.2 ior ( ()nrme nccme nt of thc construction; that thereafter, t]'re petitioner had t:ommenc--ed the construction in view <lf the deemed sanctiorr Ltnclt:r St:<:tio|r 437 of the HMC Act and has completed the construction. Rt:sponclent No.2 without any notice sealed the premises under Sectinrr al I A of the GI{MC Act. Aggrieved by the same, present writ petition is

4. Tlris Court uide Order dated 05.08.2014, directed thc respondents to rcrnove seal of subject property. It is represented that pursuant to thc said orders, the respondents have unsealed the premises and pctitioner has heen enjoying the subject property and the same is being hircd for fllnctions etc..

5. Learned counsel for the petitioner would submit that pursLlant to thc. orders of this Court dated 05.08.20 14, and removal ol' scal, res;ron<lents are not interfering with the possession and enjoyment of thr: --"t I 7 l sub.ject properly and therefore, no furthcr orders are reqllired in the l)rcsent writ. pctition and lhe sanle nlay be closcd.

6. l,earned Standing Counsel for (iHMC wou[<l submit that re spondents may be granled iibcrty to inili:rte appropriate 1;roceccliugs against any deviations or unauthorizccl constr-uct.ion nra<le by l he petitioner by duly following the proccdure contcmplatcd trnder law.

7. Considering the submissions of learned cotrnscl for tlrt: pct.itionr:r as well as learnecl Standing Counsel for rcsponrlent No.2 ;rncl illso tlre fact. that respondents havc unsealed tlrc subject propcrty l)Lrrsu:ult lo the orders dated 05.O8.2014, cause in the u,ril. pctition <locs no[ sttn,ivc arrrd thcrefore, writ petition is closecl. llowcver, it is madr: ck:ar thirt thc: respondents are not precluded from taking appropriate act.iort agrrinst any illegal / unauthorized construction maclc by thc petition<:r strict.ly in accordance with law. No order as to costs. Miscellaneous petitions, if any pending, shall star-rd rlisrlissed. To, //TRUE COPYII S T. SRINIVASA R STANT R R SECTION OFFICER \ 1 The Principal Secretary, Municipal Administratrve A.H., secretariat, I elangana State, Hyderabad. d rban Development,

2. The Commissioner, G.H.M.C , Tank Bund, Hyderabad., - 3. One CC to Ms.N.N|yATHA, Advocate. tOpUCl 4 One cc to SRt G.A/ADHUSUDHAN REDDY, SC FOR GHMC. topucl 5. Two ccs to Gp FoR MCPL ADMN-URBAN DEV, High court for the State of Telangana. [OUT]

6. Two CD Copies. k 'f\,y BSK i o() ( t .IHE S TA 2 B JA|| 2026

24.,;) l'-: '. HIGH COURT DATED:1110912025 ORDER WP.No.22139 of 2014 CLOSING THE WRIT PETITION WITHOUT COSTS C\ i,