THE HON’BLE SRI JUSTICE PULLA KARTHIK

ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“…to issue a Writ or order or direction, more particularly one in the nature of Writ of Mandamus or any other appropriate writ, writs or direction and to declare the proceedings of the 5th respondent in Lr.AE/OP/GFDRYY/D.No.119/2024-25, dt.22.08.2024, whereby the request of the petitioners for release of power supply was rejected at the instance of the 7th respondent as arbitrary, unreasonable and illegal and to set aside the same and to issue a consequential direction to the respondents 2 to 6 to release the power supply to the premises of the petitioners bearing Municipal No.3-5-784/1/2, 3-5-784/1/3, 3-5-784/1/5, 3-5- 784/1/6, situated at King Koti, Hyderabad through the Transformer and individual meters already installed, and pass…”

2. Heard Sri Vedula Srinivas, learned Senior Counsel, representing Ms. Vedula Chitralekha, learned counsel for the petitioners, learned Government Pleader for Energy for respondent No.1, Sri N. Sreedhar Reddy, learned Standing Counsel appearing for respondent Nos.2 to 6 and Sri Madhusudhan Reddy, learned Standing Counsel for respondent No.7.

3. Learned Senior Counsel for the petitioners submitted that the subject property bearing No.3-5-784/1, 2, 3, 5 & 6, situated opposite to Masjid-Judi, King Koti, Hyderabad, originally belonged to one Mr.

Fazal Bin Ibrahim Afeef, and petitioner No.1, his wife, and petitioner Nos.2 to 5, his children, received 175 Sq.Yds each from the subject property vide Gift Deed Nos.3085/2015, 3086/2015 and 3083, 3084, 3082 and 3081 of 2015 respectively, all dated 22.09.2015. Thereafter, through their GPA holder, the petitioners herein obtained a building permission from respondent No.1 vide permit No.4482/GHMC/SEC/2022-BP dated 07.12.2022, for construction of a building consisting of cellar + stilt + five upper floors, in the total land of 877.41 Sq.Mts. The building is meant for residential purpose, which includes 35 flats that are fully occupied by the buyers of the flats and tenants. The property tax is also being paid regularly. It was further submitted that one Mohammed Abbas Jamal, who is not even a neighbor of the subject building, residing far away from that building, filed a representation with the GHMC, requesting to take action against the petitioners, stating that an unauthorized construction was made by the petitioners. The GHMC authorities started interfering with the building constructed by the petitioners. As such, the petitioners were constrained to file W.P.No.5524 of 2023 before this Court, which was disposed of vide order dated 27.02.2023, directing the authorities not to interfere with the construction, if it is in accordance with the building permission dated 07.12.2022, and if there is any deviation, to follow due process of law.

4. It was further submitted that when the authorities of respondent No.7 again interfered with the construction of the petitioners, they approached the City Civil Court, Hyderabad, and filed O.S.No.2955 of 2023, wherein, they filed I.A.No.2955 of 2023, seeking interim injection. The Court of V Junior Civil Judge, City Civil Court, Hyderabad, initially granted interim injunction, but it was later dismissed and no orders have been passed in the CMA filed by the petitioners. While so, respondent No.7 issued a show cause notice dated 18.05.2023, stating that there is an unauthorized constructions and that no all-round space maintained, as per the sanctioned plan, and called for explanation within seven days of its receipt. However, the said show cause notice was vague as it did not include the specific details of the alleged deviation, except a photograph of the building. Subsequently, an order dated 25.05.2023 was passed, directing the petitioners to voluntarily remove the unauthorized structures, without specifying the details of the said unauthorized contractions. Thereafter, the