ORDER:

The writ petition is filed under Article 226 of Constitution of India seeking the following relief:-

“…to issue an appropriate writ, order or direction, more particularly one in the nature of writ of mandamus, declaring the action of the 3rd respondent in issuing the impugned speaking order bearing notice No.968/TPS/DC/C35/GHMC/UC/2026 dated 16.03.2026 directing the petitioner to demolish the construction of the pent house and terrace garden over the premises bearing H.No.6-2-968, Khairtabad, Hyderabad, without property considering the explanation dated 13.01.2026 issued by the respondent No. 4 herein as being illegal, arbitrary, unilateral and in violation of the principles of natural justice and consequently set aside the same and to grant such other relief or reliefs as…”

2. Brief facts of the case as stated are that the petitioner claims to be the owner of Flat No.501, 5th Floor, Pooja Apartments, H.No.6-2-968, Khairatabad, Hyderabad. The said flat was purchased by way of a registered Sale Deed dated 17.04.2025. It is further submitted that Flat No.501, including the penthouse/5th floor terrace structure, was formally regularized by the Municipal Corporation of Hyderabad under the Building Regularization Scheme, pursuant to Government Order G.O.Ms.No.419 M.A., dated 30.07.1998. The petitioner further submitted that the Regularization Certificate, bearing File No.9603/BRS/40/98 and Building Regularization No.369/1998, was issued on 25.11.1998 and formally approved on 01.02.2000 and would further submit that for the said regularization, the prescribed penal amount and permit fees totaling to Rs.10,000/- were duly paid to the Municipal Corporation of Hyderabad (MCH), and the regularization was accordingly recorded in the Municipal records.

3. The respondent No.4/the Assistant City Planner, issued notice, dated 13.01.2026 based on complaint, dated 29.12.2025 made by some of the residents of the Pooja Apartments alleging unauthorized construction in the name of penthouse and terrace garden. The notice dated 13.01.2026 was addressed to the “Owner/Occupier”. The petitioner to the show cause notice submitted on explanation on 16.01.2026 and submitted all the supporting documentary evidence, including the Regularization Certificate (File No.9603/BRS/40/98), proceedings. Without considering the said explanation, the respondents have passed the impugned Speaking Order dated 16.03.2026 vide Notice No.968/TPS/DC/C35/KZ/GHMC/UC/2025. Challenging the same, the writ petition has been filed by the petitioner.

4. Heard Sri K. Jayasree, learned counsel for the petitioner and Sri Midde Arun Kumar, learned Standing Counsel for respondent Nos.2 to 4. Perused the material available on record.

5. On a perusal of the sale deed dated 17.04.2025, the schedule of the property is described only as residential Flat bearing No.501, Pooja Apartments, 6-2-968, Khairtabad, Hyderabad. However, it is noted that the petitioner has not made any submission to the extent that there exist pent house and who owns it. Respondent No.3 is directed to consider the reply made by the petitioner on 16.01.2026 to the show cause notice dated 13.01.2026 and after verifying the documents and after providing an opportunity of personal hearing to the petitioner and to the complainant shall pass appropriate orders in accordance with law, within a period of four (04) weeks, from the date of receipt of a copy of this order. Till such time the speaking order dated 16.03.2026 shall be kept in abeyance. It is made clear that this Court has not made any observation on the aspect of regularization of the additional structures made by the petitioner and it is left upon to the respondent authorities to examine the regularization proceedings and take appropriate action strictly in accordance with law.

6. With the above direction, the writ petition is disposed of.

There shall be no order as to costs.

As a sequel thereto, miscellaneous applications if any pending in this petition, sh