LawSphereX

Smt. P.V.Anitha v. The State of Telangana,

Court: High Court for State of Telangana

Bench: B.VIJAYSEN REDDY

Judgment date:

Case summary

High Court for State of Telangana judgment dated 2026-01-09. Smt. P.V.Anitha v. The State of Telangana,. Read the judgment and case details on LawSphereX.

Judgment text

[ 3183 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITION NO: 756 OF 2026 Between: Smt. P. V. Anitha, Wo. P. V. Ashok Kumar, Aged about SB years, Occ. Housewife R/o. House No. MlG-2, Block No. 7 Flat No. 2, Sundaraiah Park, Bagh Lingampally Musheerabad, New Nallakunta, Hyderabad. ... PETITIONER AND 1. The State of Telangana, Rep. by its Principal Secretary, Municipal Administration Department, Secretariat Buildings, Hyderabad. 2. The Commissioner, Greater Hyderabad Municipal Corporation, Lower Tank Bund, Hyderabad, T. G. 3. The Zonal Commissioner, L. B. Nagar, Zone, GHMC, Hyderabad, Ranga Reddy District, T. G. 4. pepgty Commissioner, GHMC Circle 3, Hayathnagar, lfe Ranga Reddy District, T. G. of RR 3 and 4 are amenCed as per Court Order dt: Qg^u99^f_i! te 0910112026 in lA. No. 2 ot 20261 ...

RESPONDENTS - Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus by the action of the Respondent No. 4 in sealing the building of petitioner constructed on Plot No. 1 East Part, admeasuring 291. 5 Sq. Yds, equivalent to 243. 72 Sq. Mtrs in Sy. No. 14 part situated at Chinthalkunta, sahebnagar Khurd:village, Hayathnagar Revenue Mandal under GHMi L. B. Nagar Circle, Ranga Reddy District, without considering the reply of the petitioner Dated 01-0'1-2026 for the notice U/Sec. 461-A of CPC GHMC Act, 1955 vide No.

46lUClC- 14ITPS/LBNZ/GHMC 12025, dated 29-12-2025 by giving opportunity for regularization of 3rd and 4th floors on payment of compoundable fee, as illegal, arbitrary, violative of principles of natural justice and Articles 14 and 21 of the Constitution of lndia, and consequently direct the Respondents not to seal the building of petitioner constructed on Plot No. 1 East Part, admeasuring 291. 5 Sq. Yds, €)quivalent to 243. 72 Sq. Mtrs in Sy. No. 14 part situated at Chinthalkunta, Sahebnagar Khurd village, Hayathnagar Revenue Mandal under GHMC L. B. Nagar Circle, Ranga Reddy District, by giving opportunity for regularization of 3rd and 4th floors on l)ayment of compoundable fee. lA NO: 1 OF 2026 Pelition under Section 151 CPC praying that in the circumstances stated in the affidarrit filed in support of the petition, the High Court may be pleased to direct the Respr>ndents not to seal the, building of petitioner constructed on Plot No. 1 East Part admeasuring 291. 5 Sq.

Yds, equivalent to 243. 72 Sq. Mtrs in Sy. No. 14 part situa':ed at Chinthalkunta, Sahebnagar Khurd village, Hayathnagar Revenue Mandal under GHMC L. B. Nagar Circle, Ranga Reddy District, by giving opportunily for regularization of 3rd and 4th floors on payment of compoundable fee. Counsel lor the Petitioner: SRI PRAVEEN BONKURI Counsel lor the Respondent No. 1: GP FOR MCPL ADMN & URBAN DEV Counsel for the Respondent Nos. 2 TO 4: SRI G. MADHUSUDAN REDDY, SC FOR GHMC The Courl: made the following: ORDER /) IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HONOURABLE SRI IUSTICE B. VIIAYSEN REDDY WRIT PETITION No. 756 OF 2026 DATE OF ORDER: 09. 0L. 2026 Between: P. V. Anitha Petitioner AND The State of Telangana, represented by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Hyderabad and others. Respondents ORDER: (ORAL) . Heard Mr. Praveen Bonkuri, learned counsel for the petitioner; Mr. G.

Madhusudan Reddy, learned Standing Counsel for GHMC, appearing for respondents No. 2 to 4; andperused the material on record. Z. The case of the petitioner is that she is thc owner and possessor of the property bearing Plot No. l, East part, admeasuring 291. 5 square yards in Survey No. 14 part, situated at Chinthalkunta, Sahebnagar Khurd Village, Hayathnagar Revenue Mandal, Ranga Reddy District, having acquired the same under registered gift deed bearing document No. 2389 of 2017 dated 23. 05. 2017 executed by her husband by name IUr. P. V. Ashok Kumar. Y That on building permission application dated 26. 05. 2025 submitted by the petitioner, building permission was granted vide file No. 002314lGHMCl 0l597lIlBPlC3l2025 dated 01. 07. 2025 for construction o[' residential building comprising of stilt for parking + 2 upper floors in the property. It is submitte,l that as against such building permission, the petitioner raised additionerl 3'd and 4ft floors unauthorizedly in the property.

Subsequently, the petitioner submitted application under Section 455A and 455AA of the Greater I{yderabad Municipal Corporation Act, 1955 (for short 'Act 1955) dated 22. 12. 2025 to respondent No. 4 for regularization of the unauthorized i 3'd and zle floors. It is further submitted that on complaint filed by one i Mr. P. Birsham alleging unauthorized construction made by the petitioner I in I I I i the property, show cause notice dated 16. 10. 2025 was issued to the I pelitioner: I calling upon her to submit explanation as to why the unauthorized I construction made by her I should not be demolished. As there was no I response from the petitioner, notice dated 29. 12. 2025 was issued by I i I respondent No. 4 invoking Section 461-A of the GHMC Act informing her r I that the property will be sealed on 02. 01 . 2026. t I I 3. Lr:arned counsel for the petitioner submitted that the impugned notice I ! dated 29. 12.

2A25 issued under Section 461-A of the GHMC Act is in I I t violation of the principles of natural justice. The impugned notice says that i ! :, Stilt for parking + 4 upper floors were i unauthorizedly constructed. l /"i -,/ i E I J O However, stilt for parking + 2 upper floors in the property have been constructed by the petitioner in accordance with the sanctioned plan and so far as the 3'd and 4'h floors are concerned, regularization application dated 22. 1,2. 2025 was submitted by the petitioner and the same is pending for consideration. 4. Learned Standing Counsel for GHMC submitted that as unauthorized construction was made by the petitioner in the property, sealing notice No. 46AJCIC-14ITPS/LBNZ/GHMC/2025 dated 29. 12. 2025 was issued to the petitioner invoking Section 46t-A of the GHMC Act. Learned Standing Counsel submitted that however, appropriate action will be taken in accordance with law. 5. . Considering that the apptication dated 22. 12.

2025 has been submitted by the petitioner for regularization of the unauthorized 3'd and 4ft floors in the property bearing Plot No. l, East part, admeasuring 2g1. 5 square yards in (- \ Survey No. 14 part, situated at Chinthalkunta, Sahebnagar Khurd Village, t { Hayathnagar Revenue Mandal, Ranga Reddy District, status quo obtaining r$ on today shall be maintained in respect of 3'd and 4m floors in the property. Consequently, respondent No. 4 is directed to consider the reguladzation application of the petitioner dated 22. 12.

2025, by giving her opportunity of hearing, and pass appropriate orders in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order 6- However, if the property has already been sealed by the GHMC officials, then sealing shall be confined only to the extent of the unauthorized 3d and 4th floors in the property and stilt for parking + 2 upper floors which have been constructed by the petitioner in accordance with the sanctione,d plan shall remain unsealed. Further action for removing the unauthor. zed construction in the property shall be subject to outcome of the regularizirtion app lication dated 22. 12. 2025 . 7. with the above observations, this writ petition is disposed of. There shall be no order as to costs. As a sequel . thereto, miscellaneous applications, if any, pending in this writ gretition, stand closed. H. S. GOWRI SHANKAR ISTANT REGISTRAR \ //TRUE COPY// SECTION OFFICER To 1. Secretariat Tank 2 , Lower 3.

GHMC, Hyderabad, Ranga Reddy District, T. G. 4. Ther tieputy Cornmissioner, GHMC Circle 3, Hayathnagar, Ranga Reddy Dis':rict, T. G. 5. Ont> CC to SRI PRAVEEN BONKURI, Advocate [OPUC] 6. Two CCs to GP FOR MCPL ADMN & URBAN DEV, High Court for the State of T'elangana, at Hyderabad. IOUTI 7. Ont; CC to SRI G. MADHUSUDAN REDDY, SC FOR GHMC [OPUC] 8. Two CD Copies PSK/PMK v f t, HIGH COURT DATED:09/01 12026 ORDER TI{E S WP. Nrr. 756 of 2026 f) rJ ti 2 ri:B 2tl26 L *. DISPOSING OF THE WRIT PETITION WITHOUT COSTS

Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.