IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

WRIT PETITION No.27581 OF 2025

DATE OF ORDER: 28-11-2025

Between:

Sri Dattatreya Enterprises,

H.No.9-1-46, 9-1-46/1, Sarojini Devi Road,

Rezimental Bazar, Secunderabad, Hyderabad

Rep. by its Proprietor i.e.,

Dasari Swapna, w/o. D. Sai Reddy

…. Petitioner

AND

The State of Telangana,

Rep. by its Principal Secretary,

Municipal Administration & Urban Development

Department, Secretariat Building,

Hyderabad

and four others.

… Respondents

ORDER :

This writ petition is filed seeking to declare the action of

respondent Nos.2 to 4, more particularly respondent No.4, in unsealing the premises under the name and style of ‘Sri Dattatreya Enterprises’, bearing H.Nos.9-1-46, 9-1-46/1 situated on Sarojini Devi Road, Rezimental Bazar, Secunderabad, Hyderabad, pursuant to the payment of Trade License fee for an

amount of Rs.46,450/- and also issuance of Online Trade License Certificate dated 23.08.2025 vide TIN No.0236-320-0375, as illegal, arbitrary and contrary to the provisions of the Greater Hyderabad Municipal Corporation Act, 1955 (for short ‘GHMC Act’).

2. Heard Mr. B. Arjun Rao, learned counsel for the petitioner; Mr. G. Madhusudhan Reddy, learned Standing Counsel for GHMC, appearing for respondent Nos.2 to 4; and Mr. Srikrishna Kuyya, learned counsel for respondent No.5, and perused the material available on record.

3. Interim order dated 11.09.2025 was passed by this Court directing respondent Nos.3 and 4 to remove the seal affixed to the ground floor of the property bearing H.No.9-1-46, 9-1-46/1 (Old No.38), Sarojini Devi Road, Rezimental Bazar, Secunderabad, and handover the possession of the same to the petitioner. Further, on instructions of the learned Standing Counsel for GHMC informing this Court that the show cause notice dated 18.08.2025 was issued, this Court also directed respondent No.4 to proceed with the enquiry pursuant to the show cause notice dated 18.08.2025 by affording an opportunity of hearing to the petitioner, landlord and all other interested persons.

4. Learned counsel for respondent No.5 submitted that due to the order of this Court dated 11.09.2025, enquiry pursuant to the show cause notice dated 18.08.2025 is not being conducted and respondent No.5 is put to irreparable loss and injury.

5. Learned counsel for the petitioner submitted that instead of resorting to the provisions under the Transfer of Property Act, 1882 to evict the petitioner, respondent No.5 has clandestinely approached the GHMC and got issued the impugned show cause notice dated 18.08.2025 under Section 459 of the GHMC Act and is bent upon to get the petitioner evicted by demolishing the structures alleging that they are in dilapidated condition, though the structures are stable and there is no necessity to demolish the same. Learned counsel submitted that the petitioner has submitted reply dated 10.10.2025.

6. However, taking note of the fact that show cause notice was issued under Section 459 of the GHMC Act and directions were already given by this Court to conduct enquiry pursuant to the show cause notice, this writ petition is disposed of directing respondent No.4 to pass orders pursuant to the show cause notice, dated 18.08.2025, within a period of three (03) weeks from the date of receipt of a copy of this order, by considering the reply dated 10.10.2025 said to have been submitted by the petitioner and also by affording an opportunity of hearing to the petitioner, respondent No.5 and other interested persons. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition stand closed.

____________________ B. VIJAYSEN REDDY, J Date: 28.11.2025 V v