IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
M/s. Grand Estates – Appellant
Versus
The Greater Hyderabad Municipal Corporation – Respondent
WP 11483/2019
##PAGE1##
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT
HYDERABAD
HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
WP.No.11483 of 2019
Dated:05.05.2026
Between:
M/s Grand Estates, regd. partnership
Firm, Secunderabad, reptd., by its
Managing Partner-J.Devender Rao
…Petitioner
And
The Greater Hyderabad Municipal
Corporation, reptd by its Commissioner,
and others.
…Respondents
ORDER
This Writ Petition is filed to issue a writ of Mandamus, declaring Notice
No.1/CI8/07179/2018/448, dated 21.05.2019, issued by respondent No.1 as
illegal, arbitrary and abuse of Section 450 of GHMC Act,1955 and to set aside
the same.
2. Heard Sri E.Madan Mohan Rao, learned senior counsel for the petitioner,
Sri G.Madhusudhan Reddy, learned Standing Counsel for respondent Nos.1
and 2 and Sri P.Bhaskar, learned counsel for respondent Nos.4 to 6.
3. The brief facts of the case as averred in the writ petition are that the
petitioner-a registered partnership firm purchased the property bearing Door
No.10-3-32/9/3/A, Shenoy Nursing Home adjacent lane, Addagutta Slum, East
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LNA, J
WPNo.11483 of 2019
Maredpally, Secunderabad, from one Praveen Kumar and others under
registered sale deed bearing document No.201 of 1999, dated 05.08.1997;
thereafter, the title was transferred in the name of petitioner-firm in municipal
records, as per orders, dated 28.08.1998; that when respondent Nos.4 to 6
started to interfere with the possession of the petitioner over the subject
property, the latter filed OS.No.91 of 2002 on the file of I Junior Civil Judge,
City Civil Court, Secunderabad and the same was decreed ex parte on
27.11.2002, restraining the defendants therein, i.e., respondent Nos.4 to 6 from
interfering with the possession of the petitioner; that later, when one
C.Badrinath Yadav, claiming through respondent Nos.4 to 6, tried to interfere
with the possession of the petitioner, the petitioner again filed OS.No.1263 of
2007 on the file of the XVII Junior Civil Judge, Secunderabad, and the said
suit was decreed on 24.03.2008. While so, basing upon representation made by
respondent Nos.4 to 6, the GHMC authorities issued notice under Sections
452(1) and 461(1) of the GHMC Act, 1955, challenging which, the petitioner
filed OS.No.371/2016, wherein an interim order dated 28.06.2016 was passed
directing both the parties to maintain status quo.
3.1. It is further stated that earlier, when petitioner approached the GHMC
authorities for the construction permission in 1998, the same had been rejected
on 22.07.1998 on the ground that the said land is Government land and
subsequently, the Government filed Land Grabbing Case No.167/1998 which
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LNA, J
WPNo.11483 of 2019
stood dismissed. There upon, the petitioner applied for construction permission
under Sections 428 and 433 of the GHMC Act and the same was granted vide
Permit No.1/C29/12169/2018, dated 11.04.2018, but, on complaint given by
respondent Nos.4 to 6, respondent No.1 issued Notice, vide No. 1/C29/12169/
2018, dated 21.05.2019, under Section 450 of the GHMC Act, directing the
petitioner to give explanation as to why the permission should not be cancelled
on the ground of misrepresentation and suppression of facts. Aggrieved by the
said notice, this writ petition is filed.
4. Learned senior counsel for petitioner submitted that prior to purchase of
subject property by the petitioner, the Office of the Additional Commissioner,
Municipal Corporation of Secunderabad Division, issued proceedings
No.PA/26/C-11/Tax/97, dated 14.05.1997, fixing the tax of the subject property;
that after purchase, the petitioner applied for mutation and the subject property
was mutated in favour of petitioner vide proceedings No.836/Tax/C10/98, dated
28.8.1998 and since then the petitioner has been paying property tax.
4.1. Learned senior counsel for petitioner further submitted that without
verifying the records since the year 1997, the orders of the competent civil
Courts in the suits, as mentioned in the writ affidavit, and despite granting
construction permission upon verifying the
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