ORDER :

1. This Writ Petition is filed with the following prayer:

“…to issue an appropriate writ, order or orders to set aside the order passed in W.P.No.9979 of 2024, dt.18.04.2024, and to issue a consequential direction to the respondents 2 to 5 not to proceed against the property bearing No.6-3-1177/A/120 and 6-3-1177/A/104, B.S. Maktha, Begumpet, Hyderabad, till the disposal of the application filed by the petitioner under Section 455A of the GHMC Act, 1955 and pass such order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case..”

2. Heard learned counsel appearing for the petitioner, learned Government Pleader for Municipal Administration & Urban Development (MA&UD) appearing for respondent No.1, Sri K.Siddharth Rao, learned Standing Counsel appearing for respondent Nos.2 to 5, and with their consent the Writ Petition is taken up for hearing and disposal at admission stage.

3. Having regard to the nature of lis involved and the manner of disposal of the Writ Petition, this Court is of the view that notice to unofficial respondent No.6 is not necessary for adjudication of the present Writ Petition.

4. The case of the petitioner as set out in the affidavit, in brief, is that she is aggrieved by the order passed by this Court in Writ Petition No.9799 of 2024, dt.18.04.2024, whereby this Court had directed the respondents-authorities to take action against the construction made by the petitioner and her son in the premises bearing Nos.6-3-1177/A/120 and 6-3-1177/A/104, admeasuring 400 sq. yards in B.S.Maktha, Begumpet, Hyderabad, as the said order has been passed without making them parties to the said writ petition. Hence, the present Writ Petition.

5. Petitioner contends that she had purchased a portion of the property bearing House Nos.6-3-1177/A/120 and 6-3-1177/A/104 admeasuring 200 sq. yards along with a construction in 100 sq. feet having RCC roof, under a registered sale deed bearing No.1525/2022, dt.07.05.2022; and that her son namely Cheguri Eswar Sai Kishore has purchased the remaining portion of the aforesaid house property admeasuring 200 sq. yards on the same date vide registered sale deed bearing No.1526/2022, and are in possession of the said property.

6. It is the further contention of the petitioner that herself and her son have approached the respondents-authorities and made application individually, seeking building permission in respect of the property purchased by them under the aforementioned two sale deeds; that the respondents-authorities by considering the applications made by her granted building permission on 23.06.2022 for construction of Stilt + 2 Upper floors; and that her son was also granted building permission in respect of the portion of the property purchased by him vide building permission, dt.04.07.2022, for construction of Stilt + 2 Upper floors.

7. It is the further case of the petitioner that since, both the petitioner’s property and her son’s property are adjacent to each other, the petitioner along with her son decided to develop the entire extent of 400 Sq. Yards into a single building consisting of Ground + 4 Upper Floors, and have accordingly made an application to the authorities on 23.02.2023 seeking revision of plan, and since, the said application was not returned on any ground nor rejected, the petitioner and her son started the construction and completed the building.

8. Petitioner further contends that due to certain reasons, like stability and vastu, the petitioner and her son constructed 5th floor also and an application was submitted to the 2nd respondent on 01.06.2024 seeking regularization of the entire building including 5^th floor constructed by them under Section 455A of the GHMC Act, 1955 (for short ‘the Act 1955’).

9. Petitioner further contends that while she and her son have made an application seeking revision of the permission and also submitted an application for regularization of construction made by them including 5^th floor, the 4^t