SAMUDRALA BHARATHI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed to declare notice No.10880/W.No.114/ CIR-23/KZ/GHMC/2025 dtd. 5/12/2025 issued by respondent No.3- Deputy Commissioner, Circle-23, Moosapet, under Sec. 461A of the Greater Hyderabad Municipal Corporation Act, 1955 (for short 'GHMC Act'), to seal the unauthorized construction made by the petitioner in her plot admeasuring 98.66 square yards situated at KPHB Colony Ph-VII, Kukatpally, Moosapet Circle 23, MedchalMalkajgir District, without giving an opportunity to prefer the statutory appeal as mandated under Sec. 461-A (2) (3) of the GHMC Act, as being arbitrary and violative of Articles 14, 21 and 300A of the Constitution of India.

(2.) Heard Mr. Dr. J. Viplav Babu, learned counsel for the petitioner, and Mr. K. Ravi Mahender, learned Standing Counsel for GHMC, appearing for respondent Nos.2 to 4, and perused the material available on record.

(3.) Learned counsel for the petitioner submitted that building permission was granted to the petitioner for construction of stilt for parking+2 upper floors vide permit No.323742/8785/GHMC/2023 dtd. 5/9/2023, as against that the petitioner constructed stilt+5 upper floors. One person of her locality by name Mr. P. Abilash Reddy, having political clout, had been harassing the petitioner and also he had been extorting money from several people of their Colony. At his instance, the GHMC authorities issued the impugned notice. Later, the petitioner came to know that show-cause notice dtd. 14/7/2025 was issued and subsequently the speaking order (demolition order) dtd. 31/7/2025 was passed. It is submitted that the show-cause notice and the speaking order are not served on the petitioner.