The court emphasized the principle of natural justice, requiring municipal authorities to provide an opportunity for a party to submit an explanation to a show cause notice before taking enforcement action regarding unauthorized land use.

ORDER:

This writ petition is filed for the following relief:

“to issue any order direction or Writ more particularly in the nature of Writ of Mandamus to declare declaring that the action of the 2nd respondent in issuing the impugned show cause notice No.160/TPS/CO3/MKZ/MMC/2026, dated 28.04.2026 stopping my commercial user of the ground floor of Plot No.8-7-160/C, Ghori Nagar, Old Bowenpally, even before giving any opportunity to me, is arbitrary and illegal and direct the respondents to withdraw the show cause notice since the activity of the petitioner is covered by the trade license issued by the respondent corporation and collection of municipal tax treating the said premises as commercial premises and further direct the respondents not to interfere with the commercial activity of the petitioner in the said premises and grant such other relief as it deems fit in the circumstances of the case...”

2. Heard Sri Vedula Venkata Ramana, learned Senior Designated Counsel represented Sri Ch.Lakshman Kumar, learned counsel for the petitioner, Sri G.Madhusudhan Reddy, learned Standing Counsel for GHMC appearing for respondent Nos.1 and 2 and learned Government Pleader for Municipal Administration and Urban Development Department appearing for respondent No.3.

3. With the consent of both the parties, the matter is taken up for disposal at the stage of admission.

4. Learned counsel for the petitioner submits that respondent No.2 issued impugned show cause notice dated 28.04.2026 directing the petitioner to stop the unauthorized use of the ground floor premises, alleging that the petitioner is using the building for commercial purposes instead of the permitted residential use, contrary to the sanctioned plan. It is further submitted that the impugned notice has been issued without any prior intimation or opportunity of hearing to the petitioner. Therefore, he prayed that the petitioner may be permitted to submit its explanation to the impugned show cause notice and the respondents may be directed to consider the same in accordance with law.

5. On the other hand, learned Standing Counsel for GHMC appearing for respondent Nos.1 and 2, submits that the petitioner may be directed to submit its explanation and the same shall be duly considered by the competent authorities in accordance with law.

6. In view of the above submissions, the petitioner is permitted to submit its explanation to the impugned show cause notice dated 28.04.2026 within a period of one (01) week from the date of receipt of a copy of this order and on such explanation being submitted, the respondents are directed to consider the same and pass appropriate orders thereon in accordance with law within a period of ten (10) days thereafter and communicate the same to the petitioner. The further direction in show cause notice directing the petitioner to stop the alleged unauthorized use of the subject property is suspended till consideration of the explanation submitted by the petitioner.

7. With the above directions, the writ petition is disposed of. No order as to costs.

Miscellaneous applications, if any, pending in this writ petition, shall stand closed.