THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

WRIT PETITION No.28638 OF 2025

ORDER :

This writ petition is filed by the petitioner seeking the

following relief:

“… to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.2 herein in issuing impugned Orders vide File No.009821/GHMC/4874 /KHB1/2023/1464 dt. 12.09.2025 seeking to revoke the Building Permit No.6110/GHMC/KHB/2024-BP dt: 16.07.2024 and action of Respondent No.4 issuing a Notice of Sealing vide Lr.No.225/TPS/DC/C18/KZ/GHMC/2025 dt: 15.09.2025 and on the same day sealing the property bearing H.No. 8-2-393/C, Sy.No.219 & 220 (old); New Sy No: 391; TS No: 4,6,19 & 21/1; Block ‘E’; Ward No: 11 situated in Road No. 5, Banjara Hills, Hyderabad for a total extent of 1222 sq. yds; as being illegal, arbitrary, discriminatory and violative of Articles 14, 21 and 300 - A of the Constitution of India and ultra vires the powers of Respondent Nos. 2 and 4, mala-fide and utter violation of

Principles of Natural Justice and pass…”

2. Heard Mr. B. Nalin Kumar, learned senior counsel, appearing for Mr. T. Rahul, learned counsel for the petitioner,

Mr. Midde Arun Kumar, learned standing counsel for the GHMC, appearing for respondent Nos.2 to 4, and Mr. V. Ravi Kiran Rao, learned senior counsel, appearing for Ms. Saritha Rani, learned counsel for respondent No.5.

3. Learned senior counsel appearing for the petitioner submitted that the petitioner was granted building permission in File No.6110/GHMC/KHB/2-24-BP dated 16.07.2024 by respondent No.2 in accordance with the provisions of the TG-bPASS Act, on being satisfied with the prima facie title of the petitioner. While the petitioner was proceeding with the construction of building, the Station House Officer (SHO), Banjara Hills Police Station, under the influence of respondent No.5 tried to interfere with the possession of the petitioner over the subject property. As such, he filed W.P. No.32948 of 2024 and order dated 22.11.2024 was passed by this Court directing the SHO, Banjara Hills, not to interfere with the possession of the petitioner over the subject property without following due process of law. Despite the same, respondent No.5 continued to interfere and deter the petitioner from proceeding with the construction activity.

In that connection, the petitioner filed W.P. No.19519 of 2025 before this Court, which is pending.

4. It is submitted that respondent No.5 filed W.P. No.14792 of 2025 before this Court seeking direction to respondent Nos.1 to 3 therein to consider his representation dated 21.02.2025 regarding title of the subject property, wherein, interim order was passed in I.A. No.1 of 2025 in W.P. No.14792 of 2025 directing respondent No.2 therein to take action on the representation of respondent No.5 dated 21.02.2025. Pursuant thereto, respondent No.2 conducted hearings on 31.05.2025, 21.06.2025, 12.07.2025 and 19.07.2025. However, respondent No.2 exceeded his jurisdiction as envisaged under Section 450 of the Greater Hyderabad Municipal Corporation Act 1955 (for short ‘GHMC Act’) and accepted the fake documents created by respondent No.5. The petitioner filed W.P. No.20816 of 2025 challenging the letter issued by respondent No.2 in Lr.No.009821/GHMC/4874 /KHB1/2023/1178 dated 14.07.2025, whereby, the building permission granted in favour of the petitioner was kept in abeyance. Another writ petition in W.P. No.20841 of 2025 was filed by the petitioner challenging the letter issued by respondent No.2 vide Lr.No.009821/GHMC/4874/KHB1/2023/1179 dated 14.07.2025 to conduct the joint survey without following due process of law, and both the writ petitions are pending.

5. It is submitted that respondent No.2 issued show-cause notice vide Lr.No.009821/GHMC/4874/KHB1/2023/1463 dated 12.09.2025 seeking explanation from the petitioner within seven (7) days. However, on the same date i.e., 12.09.2025, orders were passed in File No.009821/GHMC/4874/K