C. ANURADHA SHARMA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed seeking to declare the action of respondent authorities in sealing the building constructed by the petitioners in Plot No.96, (TS No.403/1(old)) Survey No.120 (new), situated at Jubilee Hills, Shaikpet Village and Mandal, Hyderabad, as being in violation of the order passed by this Court in W.P. No.19323 of 2025 dtd. 11/7/2025, and also in violation of Sec. 7 (10)(11) of the Telangana State Building Permission Approval and Self Certification System (TG-bPASS) Act 2020 (for short 'Act 2020') and Sec. 461A of the Greater Hyderabad Municipal Corporation Act 1955 (for short 'GHMC Act') and Articles 14 and 300A of the Constitution of India.

(2.) Heard Mr. Rohith Pogula, learned counsel for the petitioners, and Mr. Midde Arun Kumar, learned standing counsel for the GHMC, appearing for respondent Nos.2 to 5.

(3.) Learned counsel for the petitioners submitted that the petitioner No.1 is the absolute owner and possessor of the Open Plot No.96, TS. Old 403/1 and Survey No.120 (new) admeasuring 1190 square yards situated at Jubilee Hills, Shaikpet Village and Mandal, Hyderabad District, having purchased the same under registered sale deed bearing document No.2028 of 1982 dtd. 20/3/1982. The petitioner No.1 constructed residential house and leased it out to third parties on monthly rents, as she was permanent resident of New Delhi. In the year 2018, the petitioner No.1 entered into registered lease deed bearing document No.1884 of 2018 dtd. 1/3/2018 with the petitioner No.2. In terms of lease deed the petitioner No.2 made alterations to the building in the subject plot by converting the building from residential to commercial for the purpose of making commercial building. The petitioner No.1 submitted application seeking building permission in File No.008647/GHMC/4265/KHB2/2022-BP dtd. 16/8/2022 under the Act 2020 for construction of commercial building consisting of Stilt + four (4) upper floors in the subject property.