HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.36232 OF 2025

ORDER

This writ petition is filed seeking to declare the action of respondent No.4 - Deputy Commissioner, Secunderabad Circle 29, Greater Hyderabad Municipal Corporation, Hyderabad, in interfering with the construction undertaken by the petitioner in the property bearing H.No.12-11-368/21 situated at Warasiguda, within the limits of Secunderabad Circle 29, Secunderabad Mandal, GHMC, Hyderabad, as arbitrary, illegal and in violation of Articles 14, 21 and 300A of the Constitution of India.

2. The petitioner claims to be the owner of the aforesaid subject property. She was granted building permission vide permit No. 382093/2918/GHMC/2024 dated 20.03.2024 for construction of stilt for parking + 2 upper floors. She was also issued work commencement letter dated 20.04.2024. However, the petitioner is stated to have constructed stilt + 5 upper floors.

3. Heard Mr. Gadipe Ravi Kumar, learned counsel for the petitioner; Mr. G. Madhusudhan Reddy, learned Standing Counsel for GHMC, appearing for respondent Nos.2 and 4; and Mr. V. Narasimha Goud, learned Standing Counsel for HMDA, appearing for respondent No.3, and perused the material available on record.

4. Learned counsel for the petitioner submitted that necessary steps are being taken by the petitioner for filing application for revised building permission/regularisation under Section 455AA of the Greater Hyderabad Municipal Corporation Act, 1955 (for short, ‘GHMC Act’).

5. Learned Standing Counsel for respondent Nos.2 and 4 submitted that the cause in this writ petition does not survive for further adjudication as the speaking order vide proceedings No.UC9306/CIR-29/TPS/GHMC/2025 dated 18.02.2025 was already passed directing the petitioner to remove the unauthorised construction. Learned Standing Counsel further submitted that as on the date of passing speaking order, unauthorised third floor was raised. Subsequently, the petitioner constructed unauthorised 4^th floor also, and the subject property of the petitioner was sealed on 20.10.2025. The petitioner is now proceeding with the construction of 5^th upper floor. It is further submitted that apart from unauthorised 3^rd, 4^th and 5^th floors, there are mandatory setback deviations as per G.O.Ms.No.168 dated

07.04.2012.

6. Taking note of the submissions of the learned counsel for the petitioner that appropriate steps are being taken by the petitioner for revised building permission or regularisation of unauthorised construction under Section 455AA of the GHMC Act, the speaking order dated 18.02.2025 shall be kept in abeyance for a period of two months. Within this time, the petitioner shall take necessary steps to get the unauthorised construction/floors rectified. The petitioner is further directed not to make any further construction until her application for revised building permission or regularisation application is considered favourably. Respondent No.4 is directed to seal the unauthorised floors in the subject property of the petitioner, if so far not sealed. Subject to the result of the regularisation application or revised building permission application to be filed by the petitioner, the GHMC is at liberty to take action in accordance with law.

7. With the above directions, the writ petition is disposed of.

No order as to costs.

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

____________________ B. VIJAYSEN REDDY, J

Date: 27.11.2025

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