WP/32770/2026 of Smt. Sushila Upadhyay Vs The State of Telangana on 30 September 2026

1. The State of Telangana, represented By the Prl. Secretary Municipal Administration And Urban Development, Telangana Secretariat, Hyderabad

2. The Greater Hyderabad Municipal corporation, Rep by its commissioner, Tank Bund Road Hyderabad.

3. The Deputy Commlssioner, GHMC, iircle 30, Goshamahal Municipal Circle, Abids Hyderabad

4. The Assistant city Planner, GHMC, Circle 30, Goshamahal Municipal circle, Abids Hyderabad

5. Ram Nivas, S/o Not known to the Petitioner, Aged Major, Fl/o Premises No 15-6-475, Mitti Ka Sher, Begum Bazaar, Hyderabad

6. Mohammad Azmath Khan, S/o Mohd Khaja Khan, Aged about 63 years, Occ' Business, Fi/o H No 1O-2-8t4O5, Metro Classic Apartments, Shanti Nagar Colony, AC Guards, HYderabad ...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 a writ order or direction more in the nature of a Writ of Mandamus declaring the action of respondents more particularly that of respondents 3 and 4 issuing notice bearing No 47511/15 under section 459 of the GHMC Act to respondents 5 and 6 0n 22.08.2026 in terms of circular No 09/TPS/HO1CCPIGHMCI2026|393 dated 05.06.2026 of 2nd respondent demanding a suitable explanation seeking reinforcement, structural strengthening, or removal of premises bearing No 15-6'475 and 15-6-4761477 Mitti Ka Sher, Begum Bazaar belonging to the petitioner without any prior intimation, notice of demand to the petitioner being a real owner, for the purpose of helping the unofficial respondents to gain advantage in a fraudulent civil suit vide O,S No 22812025 on the file of lhe Learned I Senior Civil Judge, CCC at Hyderabad claiming the old structure to have turned oLrt to be dangerous for human habitation, existence and commercial exploitation due to efflux of time as a party respondent as being illegal, arbitrary, and unconstitutioT al, being violative of Articles 14, 19 and 300-4 of the Constitution of lndia, again!;t the letter and spirit of the judgments rendered by the Hon'ble Supreme Court of lndia as well this Honorable Court apart from being a violation of section 459 of th,3 GHMC Act and violative of Prtnciples of Natural Justice and fair play, consequentially set aside the notices bearing No 47511115 and 477 and 47811115 dated 22.C8.2026 issued under section 459 of the GHMC Act and direct any action proposed t() be taken strictly in terms of GHMC Act. l.A. NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court rnay be pleased to direct the respondents 2 to 4 not to take any coercive steps like cemolition or otherwise of the shops bearing municipal No s 15-6-475 and 15-6-476 to 15-6-4477 Mitt Ka Sher, Begum Bazaar in bearing No 47511/15 and 477 and 47811115 daled 22.08.2026 issued under section 459 of the GHMC Act pending the disposal of present writ petition. Counsel for the Petitioner: SRI IMMANENI RAMA RAO Counsel for the Respondent No.1: cP FOR MCpL AETMN & URBAN DEV Counsel forthe Respondent Nos.2 TO 4: SRI MIDDE ARUN KUMAR, SC FOR GHMC Counsel for the Respondent Nos.S & 6: - The Court made the following: ORDER

- HIGH COURTFOR THE STATE OFTELANGANA ATHYDERABAD HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.32770 OF 2025 (CNR No.HBH C01067 2952026) DATE OF ORDER: 30.09.2026 Between: Sushila Upadhyay ..Petitioner AND The State of Telangana Represented by its Principal Secretary Municipal Administration and Urban Development DePaftment Secretaria! Hyderabad and others ...Respondents ORDER:(ORAL) Heard Mr. Immaneni Rama Rao, learned counsel for the petitioner; Mr. Midde Arun Kumar, leamed Standing Couruel for GHMC, appearing for respondents No.2 to 4; and perused the material on record.

2. The petitioner claims to be the absolute owner and possessor of the property bearing Municipal Nos.15-6-475, 15-6476 arrd 15-6477, total admeasuring about 60 square yards, situated at Begum Bazaar, Hydetabad; respondents No.5 and 5 are tenants. It is submitted ttrat notice No'475/6/15/ TT5/C-30/GHMC/2026 dated 22.08.2026 was issued under Section 459 of the Greater Hyderabad Municipal Corporation Act., 1955 (for short 'Act') alleging that the building of the petitioner is in a dilapidated condition. During the physicat inspectiory it was observed that the structule is severely deteriorated - exhibiting visible signs of structural distress such as cracks in load-bearing members, damaged walls etc., and that structure mily collapse at any time and may endanger the safety of the occupants of the buitding. The grievance of the petitioner is that notice was issued to the tenants (respondents No.5 and 6) but not to the petitioner; the structure is in a stable condition. The impugned notice is issued for extraneous consideration and the same is liable to set aside.

3. Learned Standing Counsel {or GHMC submitted that the petitioner being the owner has knowledge of the notice dated 22-.08.2026 issued by respondent No.3 under Section 459 of the Act, whi<:h is impugned in this writ petition. The petitioner is always at liberty to submir: explanation to the notice.

4. In the light of the above submissions, considering that the petitioner claims to be the owner of the subject property, this writ petition is disposed of giving liberW to the petitioner to subrnit explanation to the impugned notice d,ated 22.08.2026 issued by respondent No.3 under g:ction 459 of the Act within a period of fi{teen (15) days from the date of receipt of a copy of this order. Upon receipt of such explanatioq respondent No.3 is directed to consider the same, by giving opportunity of hearing to the petitioner and respondents No.5 and 6, and to all other concerned/interested persons and pass appropriate orders in accordance with law, within a period of thirty (30) days thereafter.

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5. As this order is passed without expressing any opinion on merits, notice to respondents No.5 and 6 is dispensed with. However, i{ respondents No.5 and 6 are in any way aggrieved by this order, they are at liberty to approach this Court and seek for modification of this order. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in the writ petitiory stand closed. )/ SD/- M.NAGAMANI ASSISTANT REGISTRAR To //rRUE coPY/t G; SECTION OFFTCER

1. The Prl. Secretary, Municipal Adniinistration And Urban Development' ' i"Lngrn. Secretariat' Hyderabad' State ofTelangana'

2. The Commissioner, Gr;;;;;HJ;;tao uuniciplr Corporation, Tank Bund Road HYderabad

3. The Deputy Commissioner, GHMC' Circle 30' Goshamahal Municipal Circle' Abids HYderabad.

4. The Assistant City Planner, GHMC' Circle 30' Goshamahal Municipal Circle' Abids HYderabad

5. Sri Ram Nivas, S/o Not known to the Petitioner' Aged Maior' R!/o Premises No

- ii-o-+zs, Mitti Ka Sher, Begum Bazaar' Hyderabad O. Sii -lrfoftr.rnuo nzmatn fn"an, S/o Mohd knala Khan' Aged about 63 years' occ. Business, nyo n xo'io-zla7+os' Metro Clissic Apartments' Shanti Nagar ColonY, AC Guards, HYderabad

z. 5"" ii t" sCl IMMANENI RAMA RAo' Advocate-foPUCl

8. Two CCs to GP FOR MtPL ADturr'f a-unenNl oeV' Hign Court for the State ofTelangana, at Hyderabad lOUTl e ;j";CCi; siir',rrooe nnur'r'KUMhR' sc FoR GHMC [oPUc]

10. Two CD CoPies uSK

HIGH COURT DATED: 30109t2026

ORDER

WP.No.32770 ot 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS. CC TODAY HE S)AI

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