HON’BLE SRI JUSTICE K. LAKSHMAN

ORAL ORDER

Heard learned counsel for the petitioner and Mr. L. Ravinder, learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.1 to 3.

2. The petitioner herein is claiming that he is the absolute owner and possessor of house bearing M.No.16-2-743/2, total admeasuring 810.55 square yards, situated at Akber Bagh, Saidabad, Malakpet, Hyderabad, on the strength of a registered sale deed bearing document No.6425 of 2023, dated 11.09.2023. With an intention to construct new house, he has demolished the old house. He has obtained building permit order dated 09.01.2025 from the City Planner, GHMC for construction of 1 Stilt + 5 Upper Floors. He is proceeding with construction strictly in accordance with building permit order. Even then, respondent No.3 is interfering with the construction of the petitioner over the subject land without following due procedure laid down under law at the instance of respondent No.4, a local politician.

3. Learned counsel for the petitioner, on instructions, would submit that when the GHMC Officials are trying to interfere with the possession of the petitioner over the subject property, he has filed a writ petition vide W.P. No.18299 of 2025 and the same came up for hearing before this Court on 27.06.2025 on which date learned Standing Counsel for GHMC, on instructions, submitted that there was no interference by the GHMC Officials. Recording the said submission, this Court disposed of the said writ petition dispensing with notice to respondent Nos.5 to 8, directing respondent Nos.2 to 4 therein not to interfere with construction activity carried out by the petitioner in accordance with the sanctioned plan without following due process of law. However, this Court also observed that if they have any grievance, they are at liberty to approach this Court seeking modification of the said order.

4. Learned Assistant Government Pleader for Revenue has produced written instructions of respondent No.3, wherein it is stated that as per TSLR records, the subject property falls in T.S. No.26, Block- B, Ward - 175. TS No.26 in Column No.10, it is recorded as Jeevan Yar Old Survey No.2/2P and remaining construction area falls in T.S. No.23, Block-B, Ward - 175 and in Column No.10, it is recorded as “Jeevan Yar to Old Survey No.2P, situated at Saidabad Village and Mandal, Hyderabad. It is further stated that Grave Yard land are under the control of GHMC Authorities. Therefore, a letter was addressed to the Zonal Commissioner, Charminar Zone, GHMC and other concerned Officials to take necessary action for protection of said grave yard land from encroachers and advised to file a revision petition/appeal on the order passed by this Court in W.P. No.18299 of 2025. The said written instructions are placed on record.

5. In the light of the above, this writ petition is disposed of directing respondent No.3 not to interfere with the construction activity being carried out by the petitioner in accordance with building permit order dated 09.01.2025 by the GHMC. However, the petitioner shall proceed with construction strictly in accordance with the said building permit order, failing which liberty is granted to the GHMC Officials to take action against the petitioner in accordance with law. However, this order will not preclude respondent Nos.2 and 3 in taking action against the petitioners strictly in accordance with law. In the circumstances of the case, there shall be no order as to costs.

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

_________________ K. LAKSHMAN, J

25^th September, 2025 Note: Furnish C.C. of order forthwith.

(B/O.) Mgr