HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.35879 OF 2025

ORDER

This writ petition is filed seeking to declare the action of respondent No.3 - Deputy Commissioner, Circle No.24, Kukatpally Zone, in issuing order vide notice No.UC-8980/W- 123/CIR-24/TPS/GHMC/2025 dated 16.09.2025 and also notice No.UC-6110/TPS/C-24/KPZ/GHMC/2025 dated 14.10.2025, under Section 461-A of the GHMC Act, 1955, to demolish/seal the petitioner’s building premises, without providing an opportunity of personal hearing, as being illegal and violative of Articles 14, 21 and 300A of the Constitution of India.

2. Heard Mr. Dr. J. Viplav Babu, learned counsel for the petitioner, and Mr. K. Ravi Mahender, learned Standing Counsel for GHMC, appearing for respondent Nos.2 to 4, and perused the material available on record.

3. Learned Standing Counsel for respondent Nos.2 to 4 placed written instructions before this Court and submitted that the petitioner was granted building permission on 09.08.2021 for construction of cellar + stilt + 5 upper floors in the premises bearing H.No.2-23 B/14 in Survey Nos.148, 158, 159, 160, 161, 166/P, 180, 197, 200 and 1092/P situated at Bhagya Nagar Co- operative Society, Hydernagar, Kukatpally. Show cause notice dated 30.08.2025 was issued to the petitioner directing him to submit explanation within 15 days as to why unauthorised constructions shall not be demolished. The petitioner did not submit reply to the show cause notice. Thereafter, speaking order dated 16.09.2025 was passed directing the petitioner to remove the unauthorised construction voluntarily within 15 days, otherwise GHMC will proceed with demolition of unauthorised construction (6^th floor and pent house). Learned Standing Counsel submitted that in view of the circular instruction vide No.375296/TPS/HO/GHMC/2025/732 dated 01/02.05.2025 issued in compliance of the order dated 29.04.2025 passed by this Court in W.P.No.12889 of 2025, the respondent Corporation has issued sealing notice dated 14.10.2025 to the owner/occupier of unauthorisedly constructed 6^th upper floor and pent house in the subject property.

4. Learned counsel for the petitioner submitted that the speaking order is passed in violation of the principles of natural justice. In the show cause notice dated 30.08.2025, the petitioner was directed to appear for hearing on 19.09.2025. However, the speaking order was passed on 16.09.2025.

5. In the opinion of this Court, setting aside the speaking order dated 16.09.2025 would be an empty formality since the petitioner admittedly constructed the 6^th floor and pent house unauthorisedly.

6. Learned counsel for the petitioner submitted that the subject property of the petitioner admeasures 1200 square yards, and if required, the petitioner will file an application for revised building permission or avail the benefit of regularisation under Section 455AA of the GHMC Act.

7. As it is stated by the learned counsel for the petitioner that the entire subject building including the 6^th floor and pent house has been occupied, the speaking order dated 16.09.2025 and the impugned notice dated 14.10.2025 shall be kept in abeyance for a period of two (2) months. Within this time, the petitioner shall take necessary steps to submit application for revised building permission or regularisation under Section 455AA of the GHMC Act. On such application being filed, appropriate action shall be taken by respondent Nos.1 and 2 in accordance with law, by affording an opportunity of hearing to the petitioner.

8. Accordingly, this 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: 25.11.2025

Note: Issue CC today

(BO)

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