THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.26473 OF 2025 ORDER : (ORAL)

This Writ Petition is filed by the petitioner seeking the following relief:

“... to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the 2^nd respondent in issuing the impugned notice No.297/UC/2025 dated 18.08.2025 with regard to demolition of structures i.e., compound wall and room constructed in Plot No.40 in Sy.Nos.87, 88, 89, 91 and 92 admeasuring 380 sq. yds situated at Surya Nagar, Mallapur, Kapra Municipality, Medchal-Malkajgiri District as illegal, arbitrary and in violation of principles of natural justice and consequently set aside the same and pass…”

2. Heard Mr. S.V. Ramana, learned counsel for the petitioner, and Mr. Srinivas Rao, Pachwa, learned standing counsel for the GHMC, appearing for respondent No.2.

3. Learned counsel for the petitioner submitted that petitioner is the absolute owner and possessor of the property bearing Plot No.40 admeasuring 380 square yards in Survey Nos.87, 88, 89, 91 and 92 situated at Surya Nagar, Mallapur, Kapra Municipality, Medchal-Malkajgiri District, having acquired the same under Will Deed dated 24.10.2010 executed by her mother-in-law. The subject property was purchased by the mother-in-law of the petitioner under registered sale deed bearing No.1767/66/E dated 07.07.1966. The petitioner has obtained electricity connection from TSSPDCL on 15.02.2023 and the property was assessed for property tax for the years 2022-202 and has been regularly paying property tax. The petitioner recently constructed temporary room and compound wall for safeguarding the subject property. Due to instigation of land grabbers respondent No.3 lodged a false complaint against the petitioner alleging that the he has made unauthorized construction in the subject property, as such, impugned notice dated 18.08.2025 has issued by the respondent No.2.

4. Learned counsel for the petitioner submitted that copy of the alleged complaint of respondent No.3 was not furnished to the petitioner. Moreover without conducting preliminary inspection of the property, the impugned notice was issued, which is arbitrary and liable to set aside.

5. Learned Standing Counsel for respondent No.2 - GHMC submitted that writ petition is premature. The petitioner has approached this Court without submitting any explanation to the show-cause notice dated 18.08.2025. During the site inspection, it was observed that petitioner constructed room without obtaining permission, as such, show-notice dated 18.08.2025 was issued. As and when explanation is submitted by the petitioner to the show-cause notice dated 18.08.2025, appropriate action will be taken under the provisions of Greater Hyderabad Municipal Corporation Act, 1955.

6. Learned Standing Counsel for respondent No.2 further submitted that date of hearing is scheduled on 05.09.2025 and petitioner may be directed to submit explanation to the show-cause notice and attend hearing.

7. It is not the case of the petitioner, respondent No.2 has issued show cause notice without any jurisdiction. The grievance of the petitioner is that complaint of the respondent No.3 is not furnished to him. Considering the same, this Court is not inclined to entertain this writ petition.

8. However, taking note of the fact that the petitioner has not so far submitted explanation to the show-cause notice, the petitioner is granted seven (7) days time from today to submit his explanation to the show-cause notice dated 1888.08.2025. However, the petitioner shall appear for hearing on 05.09.2025, and on such appearance a copy of complaint lodged by respondent No.3 shall be furnished to the petitioner. Till conclusion of enquiry pursuant to the show-cause notice dated 18.08.2025, status quo, obtaining as on today, in respect of the subject property shall be maintained by all the parties.

9. As this order is passed without entering into merits, notice to respondent No.3 is dispensed wit