ORDER :

1. This writ petition is filed seeking to declare the action of the respondent authorities in threatening to demolish the premises bearing Plot No. 6, H. No. 9-4-80, 9-4-80/1 and 9-4-80/2, admeasuring 643 sq. yards, situated at Berbun, Nanalnagar, Hyderabad, without issuing any notice during pendency of the regularization application, as illegal and arbitrary.

2. Ms. Vladimeer Khatoon, learned counsel for the petitioners, submits that the petitioners are absolute owners and possessors of the subject property, which they have purchased by way of a registered sale deed, dated 28.02.2018. The respondent authorities visited the petitioners’ premises on 04.11.2019 and interfered with repair work and threatened to demolish the structures, without issuing any notice and without following the due procedure. The petitioners were constrained to approach the Court below by filing O.S.No. 1769 of 2019 before the VII Senior Civil Judge, City Civil Court, Hyderabad. The Court below has granted ad interim injunction on 16.12.2019 and the main suit is pending for adjudication. It is submitted that the petitioners made a representation on 24.02.2022 to the GHMC as well as to the Principal Secretary, Municipal Administration and Urban Development, not to take any stringent action against the repair/construction work carried out by the petitioners. It is stated that the respondents failed to consider the said representation. When the suit is pending for adjudication before the civil Court, where ad interim injunction is granted, the respondents are trying to demolish the structures belonging to the petitioners. Hence, the petitioners approached this Court by filing the present writ petition.

3. Mr. N. Ashok Kumar, learned Standing counsel for GHMC for respondent Nos.2 to 4, filed counter and submits that the petitioners have come before this Court by suppressing several facts and with unclean hands and the writ petition has to be dismissed with exemplary costs. The respondent officials during their routine inspection have found that the petitioners herein have illegally and unauthorisedly laid footings and columns without prior permission. Immediately, they have stopped the construction work and issued notice under Section 452(1) and 461(1) of HMC Act, dated 19.09.2019. After receiving the notice, they have approached the Court below and have obtained ad-interim injunction against the Corporation by mis-representation of facts and suppressing the material facts and constructed a building consisting of five floors. On a vacate petition was filed by the respondent Corporation, the Court below has vacated the said ad-interim injunction, by order dated 27.07.2021. It is stated that another suit in O.S.No. 2452 of 2019 on the file of IV Junior Civil Judge, City Civil Court, Hyderabad, was filed by the petitioners and the same was dismissed for default on 27.09.2021. Learned standing counsel has also filed the photographs of the building consisting of five floors, which are not denied by the learned counsel for petitioners.

4. It is submitted by the learned Standing Counsel that the petitioners are approaching different Forums, after obtaining ad-interim orders from the civil Court, they have carried on with the illegal construction. It is stated that the petitioners have approached this Court under Article 226 of the Constitution of India, with suppression of facts and unclean hands, which is nothing but pure abuse of process of law and the writ petition deserves to be dismissed.

5. A reply has been filed by the petitioners to the counter and stated that the petitioners have not taken permission for construction but intimated to respondent Corporation that they are reconstructing the building and the Corporation did not respond to the same. It is stated that they have not received any notice from the Corporation dated 19.09.2019. As per Section 455-A of the GHMC Act, 1955, the respondent Corporation has power to collect the penalty of 33%. It is a