HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.32517 OF 2025 ORDER : (ORAL)

This writ petition is filed by the petitioner seeking to declare the action of the respondent authorities in issuing the notice vide Lr.No.3906/ UC/W.No.115/CIR-23/KPZ/GHMC/2025-1 dated 23.10.2025 under Sections 461A and 462 of the Greater Hyderabad Municipal Corporation Act, 1955 (for short ‘GHMC Act’), as being illegal, arbitrary and unconstitutional.

2. Heard Mr. D.Kaval Kumar, learned counsel for the petitioner; Mr. K.Ravi Mahender, learned Standing Counsel for GHMC, appearing for respondents No.2 to 4; and perused the material on record.

3. Learned Standing Counsel for GHMC, basing on the written instructions, submitted that the petitioner obtained building permission for construction of Stilt + 2 upper floors for residential purpose vide permit No.312651/7588/GHMC/2023 dated 26.07.2023 in respect of the property bearing H.No.15-29-1000/H-156, Plot No.HIG-156, Road No.5, Balajinagar Division, KPHB Colony, Kukatpally. The GHMC authorities found deviations made by the petitioner. That as against the building permission for construction of stilt + 2 upper floors, the petitioner constructed additional three floors. The petitioner was issued show cause notice dated 24.02.2024 calling upon him to submit explanation as to why the unauthorized construction should not be demolished. However, the petitioner failed to submit reply. Thereafter, speaking order dated 04.03.2024 was passed giving fifteen (15) days time to the petitioner to remove the unauthorized construction; the petitioner failed to comply with the speaking order. Respondent No.4 forwarded the notices to the Nodal Officer, Special Task Force (STF), Kukatpally Zone, GHMC, for taking necessary action against the petitioner. It is further submitted that W.P. No.37119 of 2024 was filed by one Mr. D.Pradeep Kumar regarding the unauthorized construction made by the petitioner and order dated 02.01.2025 was passed by this Court directing the GHMC authorities to take action in accordance with law. As the said order was not complied with, Mr. D.Pradeep Kumar filed C.C. No.2405 of 2025 before this Court. Learned Standing Counsel further submitted that the building is occupied by the petitioner and thus, show cause notice dated 24.07.2025 under Section 462 of the GHMC Act was issued to the petitioner granting fifteen (15) days of time to vacate the unauthorized upper floors.

4. Learned counsel for the petitioner submitted that the building will be rectified by removing the unauthorized floors or getting it regularized in accordance with law.

5. However, this Court is not inclined to express any opinion regarding the said submission of the learned counsel for the petitioner.

6. In the circumstances, this writ petition is disposed of. The impugned notice dated 23.10.2025 is hereby suspended for a period of three (3) weeks from the date of receipt of a copy of this order. Within this time, the petitioner is at liberty to avail appropriate legal remedy and submit application for rectifying/removing the unauthorized construction made in the subject property. There shall be no order as to costs.

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

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B. VIJAYSEN REDDY, J November 10, 2025

RRK