HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.15592 OF 2025 ORDER: (ORAL)

This writ petition is filed by the petitioner seeking to declare the action of respondent No.3 in issuing show cause notice dated 16.01.2025, whereunder he was called upon to submit his reply within seven days as to why the unauthorized 2^nd and 3^rd floors raised by him in the premises bearing H.No.11-1-586 situated at Bhoiguda Kaman, Aghapura, Hyderabad, should not be removed, as arbitrary and against the principles of natural justice.

2. It is submitted that the petitioner is the owner of a house, admeasuring 30.93 square meters, bearing Municipal No.11-1-586 situated at New Bhoiguda Kaman, Aghapura, Hyderabad. He approached the Municipal authorities for building permission, but he was informed that no permission is required as the property is less than 100 square meters. Thereupon, the petitioner carried out renovation work in the property which was in a dilapidated condition. After completion of renovation work, some of the local politicians, who had grudge against the petitioner, started harassing the petitioner and, at

3. Heard Mr. M.A. Qavi Abbasi, learned counsel for the petitioner, and Mr. M. Arun Kumar, learned Standing Counsel for GHMC, appearing for respondent Nos.2 and 3 and perused the material available on record.

4. Learned counsel for the petitioner submitted that the petitioner is an illiterate and though he went to the office of respondent No.3 to submit reply, his reply was not received. Thus, the impugned show cause notice is arbitrary and in violation of principles of natural justice.

5. Learned Standing Counsel appearing for respondent Nos.2 and 3 submitted that the petitioner admittedly constructed unauthorised 2^nd and 3^rd floors. The writ petition is premature. Instead of submitting reply to the show cause notice, the petitioner has filed this writ petition even before any speaking order is passed.

6. Considering that the property is admeasuring 30.93 square meters and the reply of the petitioner is allegedly not received by respondent No.3, in the interests of justice, it would be appropriate to dated 16.01.2025.

7. Accordingly, the writ petition is disposed of directing the seven days from today. On receipt of reply, respondent No.3 shall pass orders by giving opportunity of hearing to the petitioner. Until such exercise is done, respondent No.3 shall not take any coercive action against the petitioner. The petitioner is also given liberty to submit necessary application to the concerned authority for regularisation of unauthorised construction. If such application is filed, the same shall be disposed of in accordance with law. There shall be no order as to costs.

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

____________________ B. VIJAYSEN REDDY, J

10.06.2025

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