THE HON’BLE SRI JUSTICE K. LAKSHMAN

ORDER:

Heard Sri Dunna Ambedkar, learned counsel for petitioner and Sri G. Madhusudhan Reddy, learned Standing Counsel for Greater Hyderabad Municipal Corporation (GHMC) appearing for respondent Nos.2 to 5.

2. This Writ Petition is filed challenging the show cause notice dated 08.11.2021 issued by 3^rd respondent under Section 450 of Greater Hyderabad Municipal Corporation Act, 1955.

3. Perusal of the said notice would reveal that 3^rd respondent has issued the said show cause notice to petitioner’s mother stating that he has received complaint dated 27.10.2021 from one J. Sri Ram stating that owner of the subject property obtained building permission against the proposed Master Plan of 66’.0” (20 meters) by considering as 30’.0” road without deducting road affected area for the proposed 66 feet road and made construction by encroaching into the road. Therefore, such permission and construction are in violation of the building rules and also Master Plan. The same is in violation of the order dated 16.12.2021 passed by the Division Bench of this Court in Writ Petition (PIL) No.60 of 2021, which was filed by M/s. Mirjalguda Welfare Association, Chinmaya Marg, Malkajgiri. Seven days time was granted to submit explanation. Though the said notice was addressed to his mother, in view of her demise on 22.06.2021, petitioner has submitted explanation on 13.11.2021. Without considering the said explanation, respondent Nos.3 to 5 tried to interfere with the construction and demolish the same. Challenging the said action of respondent Nos.3 to 5, petitioner filed the present Writ Petition.

4. Vide order dated 28.06.2022, this Court directed the respondents not to demolish the subject property constructed by petitioner.

5. During pendency of the present Writ Petition and subsistence of the aforesaid interim order, Deputy City Planner, HYDRAA, has issued notice dated 02.01.2025 to petitioner’s mother stating that Commissioner, HYDRAA, has received complaint dated 02.09.2024 from Mirjalguda Welfare Association with regard to the very same allegations and therefore, he has directed petitioner’s mother to submit copies of following documents.

i. Copy of Sanctioned Plan & its Proceedings ii. Copy of Registered Documents of property.

iii. Copy of Link Documents.

iv. Copy of Layout plan.

v. Details of Court cases (if any).

vi. Development Agreement vii. Society Resolution viii. Other documents related Three days time was granted to submit copies of the same. Though the said notice was addressed to his mother, petitioner has submitted explanation along with copies of the said documents on 03.01.2025 to Deputy City Planner, HYDRAA. Without considering the said explanation, officials of HYDRAA marked the subject property and threatened to demolish the same. Challenging the said action of respondents, petitioner has filed Writ Petition No.2253 of 2025.

6. By the order passed today, this Court disposed of Writ Petition No.2253 of 2025 directing Deputy City Planner, HYDRAA, to consider the explanation dated 03.01.2025 along with copies of the documents submitted by petitioner pursuant to notice dated 02.01.2025, and take action, if any, against petitioner by following procedure laid down under the law and by putting petitioner and complainant on notice and affording them an opportunity of hearing.

7. In the light of the said facts, nothing remains in the present Writ Petition to adjudicate further and the cause in the present Writ Petition has become infructuous.

8. Therefore, this Writ Petition is closed. There shall be no order as to costs.

Miscellaneous applications, if any pending, shall stand closed.

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K. LAKSHMAN, J

28^th JANUARY, 2025.

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