HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.10388 OF 2025

ORDER

This writ petition is filed by the petitioner seeking to declare the action of respondent No.2 in putting the seal on the leased premises of the petitioner i.e., freehold commercial premises admeasuring 4000 sq. feet in Survey No.186 part situated at Lothkunta Village, under GHMC, Alwal Circle, Alwal Mandal, Medchal - Malkajgiri District, along with their stock and machinery, without according any opportunity or notice to the petitioner, as illegal and unconstitutional.

2. Heard Ms. K. Pallavi, learned counsel for the petitioner, and Mr. K. Ravi Mahender, Standing Counsel for GHMC, appearing for respondent Nos.2 to 4.

3. Learned counsel for the petitioner submitted that the petitioner is the sub-lessee of the subject premises where they are maintaining a godown for storing perishable items like milk, curd, ice-cream, vegetables, fruits etc. On the allegation that respondent No.5-landlord has unauthorisedly constructed a shed in Survey Nos.185 and 186 of Lothukunta, Alwal, action was initiated for removal of such unauthorised structure by issuing show cause notice under Sections 451(1) and 461 (1) of GHMC Act, 1955 (for short, ‘GHMC Act’). Subsequently, notice under Section 461-A of GHMC Act was issued on

12.11.2024 and final intimation dated 21.02.2025 was issued directing respondent No.5 to vacate the premises and eventually the godown/shed occupied by the petitioner has been sealed. Learned counsel submitted that though the writ petition has been filed to declare the action of respondent No.2 in sealing the premises as being opposed to the established principles of law and in violation of principles of natural justice, the petitioner is confining its relief only to the extent of directing the respondent authorities to remove the seal so that it can shift all the perishable items stored in the subject godown/shed.

4. As the petitioner is seeking limited relief and learned Standing Counsel for respondent Nos.2 to 4 has not opposed for such limited relief, the writ petition is disposed of directing respondent No.4 to forthwith remove the seal affixed on the subject property for limited purpose of enabling the petitioner to shift its stock/goods of perishable items from the subject premises, and, on intimation, the petitioner shall remove all the stock/goods within a period of ten (10) days thereafter. Upon such removal of stock/goods by the petitioner, respondent No.4 shall refix the seal and pass further orders in accordance with law.

There shall be no order as to costs.

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

____________________ B. VIJAYSEN REDDY, J Date: 07-04-2025 v v