The High Court · 2025

The Deputy Commissioner, Greater Hyderabad Municipal Corporation, Circle No.7, Santoshnagar Circle, Phool Bagh, Charminar Zone, Hyderabad The Sub Registrar, Azampura, Hyderabad. The Station House Officer, Rein Bazar Police Station, Hyderabad. Smt. Banu Begum, W/ojr/ot known to the petitioner Aged- Ivlajor, Occ- Not known to the petitioner Fl/o.H. No.17-3- 1g9l2l19, SaOath Nagar, Vakutpura, Hyderabad-TG - !- Smt. Saleha Fatima, Wo Not known to the petitioner Aged- Major, Occ- Not f1o.wn |o the petitioner R/o H.No.17-3-19812119, Sadaili Nagar,'yakutpura, Hyderabad-TG a Smt. Ayesha Beggm, W/o Not known to the petitioner Aged- Major, Occ- Not fp.wn !o _the petitioner Ri/o.H.No.'l 7-3-19812119, Sadath-Nagar, yakutpura, Hyderabad-TG ...RESPONDENTS 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 or writs or order or orders one more particularly in the nature of Writ of Mandamus to declare the Notice No.441595/TPS/C7ICHRZ/GHMC|2025 dated 06-12-2025 issued by the 3rd respondent under section 450 of GHlvc Act, 1955 in respect of the petitioners housebearingNo.'17-3-2g4tl,BadaBazar,Reinbazar,Hyderabad'Permit No.a41sBB/GFIMC:1714Bt2O24 dated 24-10-2024 and !\r rk Commencement Letter No.441595/GHMcl1714gl2o24 dated 24-10-2o,,|. and the work commencement letter and complaints from the unofficial rrl pondents 6 to 8 as arbitrary, illegal and exceeds the jurisdiction of the 3rd '( spondent and is in violation of Artlcle 14,21 and 300-Aof the Constitution of lr< ia and consequently set aside the impugned notice No.441595/TPS/C7ICHRZ/CllMcl2o25 dated 06- 12..2025 issued by the 3rd respondent. lA NO: 1 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 cott :may be pleased to the mpugned notice stay all tto.++tSgSnpS/C7lCHRZ/GHMCI2O25 daled 06-12-2025 issued by the 3rd respondent, pending disposal of the writ petition. further proceedings of Counsel for the Petitioner: SRI IKRAM HUSSAIN MATEEN counsel for the Respondent No.1: GP FOR MUNICIPAL At) nlNlSTRAT|ON & URBAN DEVELOPMEN'] Counsel for the Respondent No.2 & 3: SRI RAPARTHI VEtl iATESH, SC FOR GHMC Counsel for the Respondent No.4: GP FOR REVENUE Counsel for the Respondent No.5: ASST. GP FOR HOME Counsel for the Respondent No.6 to 8: '- -' The Court made the following: ORDER IIIGH COI]RT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITON No.40432 OF 2025 DATE OF ORDER: 3l-12-2025 Between: Mr. Md. Abdul Aziz S/o. Mohd. Shakir ... Petitioner AND The State of Telangana Rep. By its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Hyderabad, and seven (07) others. ... Respondents ORDER: (ORAL) This writ petition is filed by the petitioner seeking to declare the action of respondent No.3 in issuing show-cause notice vide N otice No.44 I 59 5 ITP S I C7 ICHRZIGHMC I 2025 dated 0 6 - I 2.2025 under Section 450 of the Greater Hyderabad Municipal Corporation Act 1955 (GHMC Act) in respect of the properly bearing H.No.17-3-294ll,Bada Bazar, Rein Bazar, Hyderabad, as 2 being illegal, arbitrary and violative of Articles 14, i 1 and 300-4 of the Constitution of India.

2. Heard Mr. Ikram Hussain, learned counsel for I re petitioner, and Mr. Raparlhi Venkatesh, leamed standing cc't nsel for the GHMC, appearing for respondent Nos.2 and 3 and learned Assistant Govemment Pleader for Home, appearing f rr respondent No.5. ) The petitioner claims to be owner and po:;: essor of the property bearing H.No. 17-3-29411 PTI No.10417232 )8 consisting of Ground + two (2) upper floors admeasuring 150 square yards having purchased the same under registered sale leed bearing document No.7l58 of 2025 dated 30.09.2025 fronr the previous owners, Mrs. Mehraj Sultana and Mrs. Asfia Sr ltana. That originally Mrs. Kamarunnisa Begum Wo. Syed Abit I Khader was the owner of the of the subject properly by virtu,: of sale deed bearing document No. 134 of 1991 dated 29.01.1997. Mrs. Kamarunnisa Begum orally gifted the subject I operty to her daughter, Mrs. Iqbal Begum Wo. Late Syed Khzl I Shareef on

20.06.1997 in the presence of two (2) witnesses. iubsequently, , Mrs. Iqbal Begum gifted the property to Mrs. Mehraj Sultana and Mrs. Asfia Sultana (vendors of the petitioner) under notarized gift deeds (Hiba) dated,26.02.2019 for an extent of 75 square yards each. The vendors of the petitioner obtained two (2) separate building permissions in File Nos.44 I 588/GHMC/ l7 14812024 dated | 5. | 0.2024 and 44 I 595/GHMC/ 17 1 49 12024 dated 1 5. 1 0.2 024 for construction of two (2) buildings. They constructed two (2) buildings consisting ofground + first (1) floor and thereafter sold the subject property to the petitioner under registered sale deeds

4. While so, the petitioner received show-cause notice dated

06.12.2025 from respondent No.3 under Section 450 of the GHMC Act alleging that building permission was obtained by the vendors of the petitioner by indulging in misrepresentation and misguiding of facts which attracts Section 450 of the GHMC Act

5. It is submitted that a suit in O.S. No.l584 of 2025 was hled by the petitioner before the leamed XVIII Additional Senior Civil Judge, City Civil Court, Hyderabad, seeking declaration and perpetual injunction against Mrs. Banu Begum, Mrs. Saleha Fatima and Mrs. Ayesha Begum. 4

6. Leamed counsel for the petitioner submitted th Lt vendors of the petitioner are no more interested in the subj rct property. The petitioner submitted reply to the show-cause notice dated

06.12.2025 through legal notice dated 22.12.202.j However, without considering the same respondent authorities zu e threatening to demolish the sub.ject propefty.

7. Learned standing counsel for the GHMC subr Litted that so t-ar orders have not been passed against the petitioner. That reply if any submitted by the petitioner to the show-causr, notice dated

06.12.2025 will be considered and orders will t : passed tn accordance with law

8. Leamed Assistant Govemment Pleader for Ho. re placed on record written instructions and submitted that so far ,etitioner has not approached respondent No.5 - the Station House )fficer, Rein Bazar Police Station and not lodged any complaint. \s and when complaint is lodged necessary action will be taken i r accordance with law. ( 5

9. The show-cause notice dated 06.12.2025 reveals that earlier show-cause notice dated 10.12.2024 was issued to the vendors of the petitioner under Sections a51(1) and 461(1) of the GHMC Act regarding the deviations made by them in the subject propefty. Thereafter, speaking order dated 21.01.2025 has been passed for removing the unauthorized construction within fifteen (15) days Even after speaking order is passed, vendors of the petitioner proceeded with the unauthorized construction and work is still going on. Subsequently, impugned show-cause notice was issued to the petitioner under Section 450 of the GHMC Act for revoking building permission.

10. In the light of the above facts and circumstances, this Courl is not inclined to interfere with the show-cause notice dated

06.12.2025 as speaking order is already passed against the vendors of the petitioner. However, as it is submitted by the leamed counsel for the petitioner that reply has been submitted by the petitioner to the show-cause notice dated 06.12.2025 by legal notice dated 22.12.2025, without expressing any opinion on meriis, the writ petition is disposed of directing respondent No.3 not to \ \ 6 interfere with the peaceful possession and enjo'l nent of the petitioner over the property bearing H.No.17-3-29411, admeasuring 150 square yards situated at Bada Bazar, Rein BaziLr Hyderabad, without following due process of law. However, rer;1 ,ondent No.3 is at liberty to take action against the petitioner p.l 'suant to the enquiry in furlherance of the show-cause notice dak't 06.12.2025, by considering the reply subrnitted by the petitioner hrough legal notice dated 2212.2025, within a period of four (4) vr ,eks from the date of receipt of a copy of this order.

9. As this order is passed without entering into nerits of the case, notice to respondent Nos.6 to 8 is dirl ensed with. lf respondent Nos.6 to 8 are in anyway aggrieved ly this order, they are at liberty to approach this Court seeking nr, ,dification of this order. There shall be no order as to costs. As a sequel thereto, miscellaneous applicat ons, if any, pending in the writ petition stand closed. SD/.MOHD.ISMAIL EPUTY REGISTRAR { //TRUE COPY// \\ \ To, 1 2 The Principal Secretary, Municipal Administration arid lJ The State bf Telangani, Dr.B.R. Ambedkar Secretariat, The Commissioner, Greater Hyderabad N/unicipal CorS'r Bund, Hyderabad. \ \ SECTION OFFICER \ 'ban Development, lyderabad. ration, Lower Tank

3. The Deputy Commissioner, Greater Hyderabad l\/unicipal Corporation, Circle No.7, Santoshnagar Circle, Phool Bagh, Charminar Zone, Hyderabad

4. The Sub Registrar, Azampura, Hyderabad. 5. The Station House Officer, Rein Bazar Police Station, Hyderabad. 6. One CC to SRI IKRAIV HUSSAIN MATEEN, Advocate [OPUC] 7. One CC to SRI RAPARTHI VENKATESH, SCfoTGHMC [OPUC] .8. Two CCs to GP FOR tvlUNlClPAL ADMINISTRATION & URBAN DEVELOPMENT, High Court for the State of Telangana. [OUT]

9. Two CCs to GP FOR HOME, High Court for the State of Telangana. [OUT] 10.Two CCs to GP FOR REVENUE, High Court for the State of Telangana.

11.Two CD Copies BN GJP ) HIGH COURT DATED:3111212025 \ \ 'rit1 ) lAi C) [5 'u? I { '2. c) * *^)/"/ ....,.'.,{:,/ 't' _-:/ t ORDER WP.No.4O432 ot 2025 '. DISPOSING OF THE WRIT PETITION WITHOUT COSTS \v €