Telangana High Court
Ahmed Zoheb vs The State Of Telangana on 29 July, 2025
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.22085 OF 2025
ORDER :(ORAL) This writ petition is filed by the petitioner seeking to declare the action of the respondent authorities in issuing speaking order vide No.UC10506/TPS/C11/CRZ/GHMC/2025 dated 23.07.2025 without considering his detailed reply dated 05.06.2025 submitted by him to the show cause notice dated 29.05.2025 issued in respect of the premises bearing H.No.4-10-100/14 and 15, Plot No.15 and 14/Part, admeasuring 750 square yards in Survey No.366/P, behind Pista House, Pillar No.172, Rajendranagar, Ranga Reddy District, as being illegal, arbitrary and unconstitutional.
2. The case of the petitioner is that he has applied for building permission for construction of Stilt + 2 upper floors and he was granted building permission vide permit No.2/C11/00007/2023 dated 02.01.2023. Pursuant to the same, the petitioner proceeded with the construction. It is submitted that as there was natural slope, the petitioner constructed cellar, which is not actually used as cellar; there are no deviations to the sanctioned plan. It is further submitted that the petitioner has raised columns in the 6th floor. However, after receiving the show cause notice 2 dated 29.05.2025 alleging that the petitioner constructed cellar and raised RCC columns in the 6th floor without obtaining permission from the GHMC, the construction was stopped. Learned counsel for the petitioner submitted that the petitioner submitted reply dated 05.06.2025 to the said show cause notice wherein at paragraph No.5, it was categorically stated that cellar was constructed as there was natural slope and it is going to be closed by filling sand. Further, the pillars raised in the 6th floor will also be removed.
3. Mr. Raparthi Venkatesh, learned Standing Counsel for respondents No.2 to 4, submitted that if the petitioner removes the unauthorized constructions/deviations as pointed out in the speaking order dated 23.07.2025, appropriate action will be taken in accordance with law.
4. In the circumstances, this writ petition is disposed of directing the petitioner to close the cellar portion and remove the RCC columns raised in the 6th floor within a period of ten (10) days from the date of receipt of a copy of this order. As and when the petitioner removes such deviations and intimates the same to respondent No.3 by way of representation, necessary inspection shall be conducted and the speaking order dated 23.07.2025 shall be recalled/modified. So far as the setback deviations 3 are concerned, it is seen there are no specific violations pointed out in the show cause notice or in the speaking order. In view of the same, it is left open to respondent No.3 to take action against the petitioner regarding the mandatory setbacks by following due process of law. There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed.
_______________________ B. VIJAYSEN REDDY, J July 29, 2025 NOTE: Issue C.C. by 30.07.2025 (BO) RRK