HON’BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.13404 OF 2025

ORDER

Heard Mr. D. Vijaya Kumar, learned counsel for the petitioner, Mr. G. Madhusudhan Reddy, learned Standing Counsel for GHMC appearing on behalf of respondent Nos.2 to 4 and Mr. Y. Augustine Reubenson, learned counsel representing Mr. K.B. Ramanna Dora, learned counsel for respondent No.5.

2. The petitioner herein is claiming that she is the absolute owner and possessor of Plot No. 53/2 admeasuring 511 sq.yards in Sy.No.5/3 of Raidurg Panmaktha Village, Serilingampally, Ranga Reddy District and she has constructed a house in the year 2017. She has been paying property tax to the GHMC authorities. While the matter stood thus, 3^rd respondent has issued show cause notice dated 04.02.2025 stating that the petitioner is proceeding with the construction unauthorizedly consisting of ground + 4 upper floors in the subject property and she is using it for commercial purpose. Therefore, 3^rd respondent directed the petitioner to submit explanation and attend for hearing on 19.02.2025 at 10.30 A.M. She has submitted a letter dated 17.02.2025 to 3^rd respondent with a request to grant ten (10) days time to furnish all the relevant documents. Without granting time for submitting relevant documents and without affording an opportunity of hearing, 3^rd respondent has passed order dated 18.04.2025 directing the petitioner to remove the said unauthorized construction within 15 days from the date of receipt of the said notice failing which the GHMC will proceed to demolish the said unauthorized construction enforcing recovery of the costs thereof from the petitioner. Challenging the said order, the petitioner filed the present writ petition.

3. Sri Dida Vijaya Kumar, learned counsel for the petitioner fairly admits that the said construction is unauthorized and without obtaining any permission. L.G.O.P. No.1083 of 2016 filed by the Government was dismissed on 26.06.2025. The construction over the subject property was made in the year 2017. Request made by the petitioner vide letter dated 17.02.2025 was not considered. Therefore, the impugned proceedings are arbitrary and illegal. With the said submissions, he sought to set aside the impugned proceedings dated 18.04.2025 of respondent No.3.

4. Whereas, Mr. G. Madhusudhan Reddy, learned Standing Counsel for GHMC and learned counsel for respondent No.5, would submit that the subject construction is unauthorized. Under the guise of this order, they are proceeding with construction. The GHMC did not accord any permission to the petitioner. Thus, the petitioner is not entitled to proceed with construction.

5. Now the petitioner’s only grievance in the present writ petition is 3^rd respondent passed the impugned order dated 18.04.2025 without considering the request made by the petitioner vide her letter dated 17.02.2025.

6. Admittedly, the petitioner has submitted a letter dated

17.02.2025 to the show cause notice dated 04.02.2025 issued by 3^rd respondent requesting him to furnish documents and grant some time. Thus, request made by the petitioner vide letter dated

17.02.2025 was not considered by the 3^rd respondent.

7. In the light of the aforesaid discussion, the impugned proceedings of the 3^rd respondent dated 18.04.2025 are set aside. The matter is remanded back to respondent No.3 with a direction to pass order afresh strictly in accordance with the procedure laid down under GHMC Act, by putting the petitioner and respondent No.5 on notice and affording them an opportunity. The petitioner and respondent No.5 shall co-operate with respondent No.3 in receiving notice, participating in enquiry. However, respondent No.3, shall conclude the enquiry, pass an order and communicate a copy of the said order to the petitioner and respondent No.5 within a period of four (04) weeks from the date of receipt of copy of this order. Till then, the petitioner herein is directed not to proceed with any construction in any manner, otherwise, it will be viewed