THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.35463 of 2025

ORDER :

The present writ petition is filed by the petitioners under Article

226 of the Constitution of India for the following relief :

“...to issue a writ, order or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in seeking to demolish the under construction residential building situated in the Northern part of Plot No.252, admeasuring 150 sq. yards forming part of Sy. No.104/1 (part), situated at Kondapur Village, Serilingampally Mandal, GHMC Serilingampally Circle, Ranga Reddy District, without any authority and without issuing any notice or opportunity and without following due procedure, as being illegal, arbitrary, unconstitutional, in violation of principles of natural justice and in violation of Articles 14, 21 and 300A of constitution of India and consequently direct the respondents not to demolish the structures in the above said residential plot and also direct the respondents not to interfere with the rights of the petitioners in respect of the said plot and be pleased to pass...”

2. Heard Sri P.Lakshma Reddy, learned counsel for the petitioners and Sri L. Ravinder, learned Assistant Government Pleader for Revenue, for respondent Nos.1 to 6 and perused the record.

3. Learned counsel appearing for the petitioners submits that the petitioners are developers undertaking construction of a residential complex on Plot No.252, in Survey No.104/1(part), admeasuring 150 sq. yards, situated at Kondapur Village, Serilingampally Mandal, under GHMC Serilingampally Circle, Ranga Reddy District. Originally Smt. Abbineni Anasuya was the absolute owner and possessor of land in Sy.No.104/1 of Kondpaur Village, Serlingampally Mandal, Ranga Reddy District. She along with three others have divided the lands in Sy.Nos.101, 102, 103, 104/1, 110/2 and 111, total admeasuring Acs.57.20 guntas into house site plots by drawing a layout as per the layout of the then HUDA vide letter No.291/MPU/HUDA/82, dated 04.02.1982. The said Smt. Abbineni Anasuya ad three others sold plot No.252 admeasuring 300 sq.yards in the said layout, forming part of Sy.No.104/1, in favour of one Smt. Bharathi K.Rao through registered sale deed bearing document o.16671 of 2003, dated 31.12.2003, who in turn sold the same to the vendors of the petitioners Sri Gandla Ganga Reddy and Sri Kunta Ramulu, under a registered sale deed bearing Document No.11836 of 2012, dated 19.10.2012. The vendors of the petitioners executed a registered Agreement of Sale-Cum-GPA in respect of the northern portion of plot No.252 admeasuring 150 sq. yards out of 300 sq.yards in favour of one Gopireddy Venkata Indranivas Reddy vide Document No.2866/2025, dated 03.02.2025. Subsequently, the petitioners purchased the said northern portion of plot No.252 admeasuring 150 sq.yards out of 300 sq.yards through a registered sale deed bearing document No.12333 of 2025, dated 25.08.2025 from the said GPA holder and has been in peaceful possession and enjoyment thereof since then. Pursuant to the said development agreement, the petitioners obtained valid building permission to construct stilt + 2 upper floors from the GHMC vide Permit No.3802/GHMC/IA/C20/2025 in File No.

018245/GHMC/04891/IBAP/C20/2025, dated 23.10.2025.

(a) While construction was proceeding strictly in accordance with the sanctioned plan, respondent Nos.4 and 5 allegedly interfered with the construction activity and threatened demolition without issuing any notice or having any lawful justification, thereby prompting the present writ petition.

(b) The learned counsel for the petitioners further submits that the subject matter of the present writ petition is identical to that in W.P.No.18499 of 2022, wherein this Court, by order dated 05.07.2022, disposed of the said writ petition directing the official respondents not to interfere with the possession, enjoyment and construction being carried on by the petitioners the