Telangana High Court
Chapala Amarnath vs The State Of Telangana on 24 September, 2025
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.29139 OF 2025
ORDER:(ORAL) This writ petition is filed for a Mandamus to declare the action of respondent Nos.3 and 4 in not considering the petitioners' representation dated 27.08.2025, for regularisation of unauthorised construction made in the premises bearing H.No.6-2-534 & 535 situated at Chinthal Basthi, Khairatabad, Hyderabad, under Section 455-A of the Greater Hyderabad Municipal Corporation Act, 1955 (for short, 'GHMC Act'), as being arbitrary and violative of Articles 14, 21 and 300A of the Constitution of India, and consequently to direct respondent Nos.3 and 4 to consider the regularisation application of the petitioners.
2. It is submitted that the petitioners obtained building permission from respondent No.4 vide permit No. 217352/11082/GHMC/2022 dated 12.10.2022 for construction of stilt+2 upper floors. There was an old building in the subject property which was demolished and the petitioners constructed stilt+4 upper floors, as against building permission for stilt+2 upper floors. However, some of the petitioners' family members, who developed eyesore against the petitioners, hatched a plan to harass the petitioners and lodged a complaint with respondent No.4 alleging that the petitioners made unauthorised 2 construction. On such complaint, show-cause notice dated 29.05.2023 was issued to the petitioners as to why unauthorised construction made by them shall not be removed. The petitioners submitted explanation dated 09.06.2023. Thereafter, speaking order dated 21.06.2023 was passed directing the petitioners to remove unauthorised structures. The petitioners filed O.S.No.3488 of 2023 before the Court of the IV Junior Civil Judge, City Civil Court, Hyderabad, wherein status quo order was passed. Respondent No.4 issued notice No. 534&535/TPS/C17/ GHMC/2025 dated 06.08.2025, directing the petitioners to vacate the subject building so as to enable respondent No.4 to demolish the unauthorised construction. In such circumstances, the petitioners submitted application/representation dated 27.08.2025 under Section 455A of the GHMC Act for regularisation of unauthorised construction. However, so far action has not been initiated on such representation. As there is apprehension of demolition, the petitioners are constrained to approach this Court.
3. Heard Mr. Rapolu Bhaskar, learned counsel for the petitioners, and Mr. M. Arun Kumar, learned Standing Counsel for GHMC, appearing on behalf of respondent Nos.3 and 4, and perused the material available on record.
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4. Learned Standing Counsel for GHMC appearing for respondent Nos.3 and 4 submitted that appropriate action will be taken on the representation of the petitioners.
5. In view of the above, the writ petition is disposed of directing respondent Nos.3 and 4 to consider the petitioners' representation dated 27.08.2025, for regularisation of unauthorised construction made in the premises bearing H.No.6-2-534 & 535 situated at Chinthal Basthi, Khairatabad, Hyderabad, and pass orders in accordance with law. Pending consideration of such representation, status quo, obtaining as on today, shall be maintained in respect of the subject property. No order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed.
____________________ B. VIJAYSEN REDDY, J Date: 24.09.2025 vv