THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.19323 OF 2025 ORDER : (ORAL)

This writ petition is filed by the petitioner seeking the following relief:

“… to issue appropriate Writ order or direction particularly one in the nature of Writ of Mandamus Declaring the action of the Respondent No.3 in issuing the show cause notice letter No.53/TPS/DC/CIR18/K2/GHMC/2025 dt. 26.03.2025 threatening to initiate action against the construction made in plot bearing No.96 TS No. or Sy. No. 403/1 new Sy.No.120 Shaikpet, Jubilee Hills, Hyderabad consisting of 1 Stilt + 4 Upper Floors without any proper permission as arbitrary, illegal and unconstitutional and contrary to law and against the principle of natural justice, and direct them to withdraw the notice and declare the construction of the petitioner as under deemed provision…”

2. Heard Mr. Thomas Joseph Llyod, learned counsel for the petitioner, and Mr. Midde Arun Kumar, learned standing counsel for the GHMC, appearing for respondent Nos.2 to 5.

3. Learned counsel for the petitioner submitted that impugned show-cause notice vide Lr.No.53/TPS/DC/CIR18/KZ/GHMC/2025 dated 26.03.2025 was issued to the petitioner without adhering to the principles of natural justice. The petitioner is a tenant of the property bearing Plot No.96 in Survey No.403/1 (old) (New Survey No.120) situated at Shaikpet, Jubilee Hills, Hyderabad. The landlord of the property permitted the petitioner to make constructions on the subject property. Accordingly, the petitioner submitted application for construction of Stilt + 4 upper floors in the subject property in File No.008647/GHMC/4265/KHB2/2022- BP dated 16.08.2022 and also paid requisite fee pursuant to the intimation letter dated 24.08.2022.

4. Learned counsel for the petitioner submitted that building application of the petitioner was not rejected within twenty one (21) days. Thus, permission was deemed to have been granted to the petitioner under Section 7 (8)(9)(10)(11) of the Telangana State Building Permission Approval and Self Certification System Act 2020 (for short ‘TG-bPASS Act’). Accordingly, the petitioner addressed a letter dated 19.09.2022 for approval of sanction plan in respect of the subject property. As the GHMC authorities did not approve her sanction plan, she submitted another representation dated 20.10.2022 for commencing work under Section 440 of the Greater Hyderabad Municipal Corporation Act 1955 (for short ‘GHMC Act’). While things stood thus, impugned notice dated 26.03.2025 was issued to the petitioner without considering her deemed permission for extraneous reasons.

5. Learned standing counsel for the GHMC, appearing for respondent Nos.2 to 5, submitted that the petitioner did not submit any explanation to the show-cause notice dated 26.03.2025. Even after issuing hearing notice on 23.04.2025 directing the petitioner to attend for hearing on 25.04.2025 at respondent No.4’s office, the petitioner did not attend the hearing.

6. Learned counsel for the petitioner submitted that if sufficient time is given reply would be submitted to the impugned show-cause notice dated 26.03.2025.

7. Considering the contention of the learned counsel for the petitioner that the building was constructed in the subject property with deemed permission, the writ petition is disposed of, directing the petitioner to submit explanation to the impugned show-cause notice vide Lr.No.53/TPS/DC/CIR18/KZ/GHMC/2025 dated 26.03.2025, within a period of seven (7) days from today. On receipt of such explanation, respondent No.4 is directed to consider the same, and pass orders, in accordance with law, by affording opportunity of hearing to the petitioner, within a period of four (4) thereof. Till such exercise is completed, respondent authorities are directed not to interfere with the property of the petitioner bearing Plot No.96 in Survey No.403/1 (old) (New Survey No.120), situated at Shaikpet, Jubilee Hills, Hyderabad, without following due process of law. Ther