: O R D E R :

This writ petition is filed to issue a writ order or direction more particularly one in the nature of Certiorari, calling for the records relating to the proceedings issued by the respondent No.3 vide Notice No.228/7/UC/W.No.102/CIR-19/TPS/GHMC/2021, dated 20.01.2021, to set aside the same and for consequential relief.

2. Heard Sri P.Roy Reddy, learned counsel for the petitioners and Sri G.Madhusudhan Reddy, learned Standing Counsel appearing for respondent Nos.1 to 3 (GHMC). No representation on behalf of respondent No.4 despite service.

3. Learned counsel for the petitioners would submit that petitioner No.2 is the son of petitioner No.1; that both the petitioners are owners and residents of H.No.8-3-228/7, Rahamat Nagar, Yousufguda, Hyderabad (for short ‘subject premises’); and that the same is situated in a residential zone, as per the master plan and zoning regulations notified under G.O.Ms.No.363, Municipal Administration & Urban Development Department, dated 21.08.2010 and was existing since more than 40 years; that the subject premises was regularized vide proceedings No.265/26467, dated 14.07.2020 in terms of G.O.Ms.No.243, Municipal Administration Department, dated 22.05.1996.

4. Learned counsel for the petitioners submitted that the front room of the said building was given on rent to respondent No.4 for residential purpose, but, despite objections raised by the petitioners, respondent No.4 was using the same for repair of two wheelers. Therefore, the petitioners issued notice dated 24.12.2020 to respondent No.4 directing him to vacate the said room.

5. Learned counsel for the petitioner further submitted that the neighbouring premises bearing H.No.8-3-228/6 was being used as a Cement and Steel Godown/Sales, therefore, petitioners submitted representation dated 02.03.2020 to the GHMC authorities to take action; that since no action was taken, the petitioner No.2 filed WP.No.20102 of 2020 and this Court by order dated 16.11.2020, directed the respondent authorities (GHMC) to consider the representation submitted by the petitioner therein and take action strictly in accordance with law. Pursuant to the said direction, the respondent No.2 instead of initiating action to stall the commercial activity, issued proceedings dated 16.12.2020, stating that further action would be initiated, in accordance with the Master Plan and Zoning Regulations, against the commercial activity being carried on in the said premises.

6. Learned counsel for the petitioner further submitted that aggrieved by non compliance of the order dated 16.11.2020 passed by this Court in WP.No.20102 of 2020, the petitioner No.2 filed Contempt Case in CC.No.1170 of 2020; that in view of filing contempt case by the petitioner No.2, respondent No.3 issued notice No.228/7/VC/W.No.102/CIR-19/TPS/GHMC/2021, dated 18.12.2020, in respect of the petitioners’ subject premises under Sections 452(1) and 461(1) of the GHMC Act, 1955, alleging that the petitioners had unauthorisedly constructed and were running a mechanic shop in the subject premises; and that if the said shop was not closed, action would be initiated under Sections 461(4), 461-A and 636 of GHMC Act, 1955; that the petitioners submitted a reply dated 26.12.2020 stating that the subject building had already been regularized and that property tax was also being paid regularly; that despite the reply to the said notice dated 18.12.2020, respondent No.3 again issued a similar notice dated 20.01.2021.

7. Learned counsel for the petitioners further submitted that the respondent authorities issued a notice dated 18.01.2021 to respondent No.4 under Sections 521 and 622(4) of the GHMC Act, 1955, calling upon him to obtain trade licence; that the petitioners submitted representation dated 21.01.2021 to the respondent authorities objecting to issuance of trade licence in favour of respondent No.4.

8. Learned counsel for the petitioners also submitted that the above action of respondent authorities w