Telangana High Court
Smt. L. Parvathi vs The State Government Of Telangana on 6 April, 2026
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
HIGH COURT FOR THE STATE OF TELANGANA AT
HYDERABAD
THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITON No.20419 OF 2025
DATE OF ORDER: 06-04-2026
Between:
Mrs. L. Paravathi
... Petitioner
AND
The State of Telangana
Rep. By its Principal Secretary,
Municipal Administration Department,
Secretariat, Hyderabad, and four (4) others.
... Respondents
ORDER :(ORAL) This writ petition is filed by the petitioner to declare the action of respondent Nos.1 to 4 in not acting upon her representation dated 18.06.2025 in respect of the property of respondent No.5 in Plot No.770H, Road No.44, Jubilee Hills, Hyderabad, which is being used for commercial purpose in blatant violation of the building permit order vide No.3/C18/17174/2018 dated 01.11.2018 and provisions of the Greater Hyderabad Municipal Corporation Act 1955 (for short 'GHMC Act') as being 2 illegal and arbitrary and consequently direct respondent Nos.1 to 4 to seize the subject property under Section 461-A of the GHMC Act.
2. Heard Ms. B. Neeraja S. Reddy, learned counsel for the petitioner, Mr. Midde Arun Kumar, learned standing counsel for the GHMC, appearing for respondent Nos.2 to 4, and Mr. K. Pratik Reddy, learned counsel for respondent No.5, and perused the material available on record.
3. Learned counsel for the petitioner submitted that pursuant to the interim order dated 29.04.2025 passed by this Court in W.P. No.12889 of 2025, general instructions have been issued by the Commissioner, the Greater Hyderabad Municipal Corporation (GHMC) vide Cir.No._/TPS/HO/GHMC/2025/965 dated 12.06.2025 for sealing of unauthorized constructions. It is submitted that building permission was granted to respondent No.5 for construction of Cellar + Stilt + three (3) upper floors vide permit No.3/C18/17174/2018 dated 01.11.2018, as against the same, respondent No.5 constructed Cellar + Stilt + five (5) upper 3 floors and pent house. Further building permission was obtained for construction of residential building and respondent No.5 is using the subject property for commercial purpose and let out the building to several tenants. One of the tenants is running a multi specialty hospital for pets such as Dogs, Cats etc., they are conducting operations, grooming, boarding etc., for the pets and using the building for commercial purpose contrary to the sanctioned plan.
4. Learned counsel for respondent No.5 has taken preliminary objection to the maintainability of the writ petition and submitted that earlier the petitioner filed W.P. No.28733 of 2024 which was disposed of by this Court by the order dated 21.04.2025 directing the petitioner and the GHMC to pursue the suit in O.S. No.3084 of 2024 on the file of learned IV Junior Civil Judge, City Civil Court, Hyderabad, and M.A. No.138 of 2024 before the Chief Judge, City Small Cause Court, Hyderabad, and further observing that they are at liberty to take appropriate steps for implementation of the 4 speaking order dated 28.11.2024 subject to the outcome of the said cases.
5. Learned counsel for respondent No.5 further submitted that the matter is sub-judice in O.S. No.3084 of 2024 and M.A. No.138 of 2024 and relief which was not sought in the earlier round of litigation cannot be sought in this writ petition and it is barred by the principle of constructive res judicata.
6. Learned standing counsel for GHMC submitted that directions issued by this Court by order dated 29.04.2025 in W.P. No.12889 of 2025 and instructions of the Commissioner, GHMC, dated 12.06.2025 are relating to the under construction buildings and cannot be made applicable to the present case.
7. Learned standing counsel further submitted that in the instant case, Occupancy Certificate was issued to respondent No.5 vide No.1669/GHMC/KHB/2022-OC dated 28.05.2022 to the extent of Cellar + Stilt + three (3) upper floors covered by the building permit order. Later, respondent No.5 deviated from the 5 sanctioned plan and constructed additional floors. Respondent No.5 also submitted application under Section 455-A and 455-AA of the GHMC Act for regularization of unauthorized construction made in the subject property, and the same is pending.
8. This Court has already passed order in W.P. No.28733 of 2024 dated 21.04.2025 whereby the petitioner sought for a direction to GHMC to remove the illegal and unauthorized construction made by respondent No.5 pursuant to the building permit order dated 01.11.2018 and Occupancy Certificate dated 28.05.2022. The said writ petition was disposed of as observed in the above paragraphs. Thus, in the opinion of this Court the petitioner cannot be permitted to file second writ petition seeking for sealing of unauthorised floors when O.S. No.3084 of 2024 and M.A. No.138 of 2024 in connection with the same are pending. Suffice to the state that observations made in the order dated 21.04.2025 in W.P. No.28733 of 2024 are binding on the petitioner.
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9. As it is stated that regularization application of respondent No.5 is pending and so also suit in O.S. No.3084 of 2024 and Municipal Appeal in M.A. No.138 of 2024, this Court is not inclined to pass any orders in this writ petition. The petitioner is always at liberty to approach the GHMC authorities for sealing of the subject property, subject to the outcome of O.S. No.3084 of 2024 and M.A. No.138 of 2024.
10. With the above observations, the writ petition is disposed of. There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.
______________________ B. VIJAYSEN REDDY, J April 06, 2026 MS