INDUMATHI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed seeking following prayer:-

(2.) Facts in brief as stated in this writ petition are that respondent No.3 - the Deputy Commissioner, Circle - 41, GHMC, Abids, Hyderabad, issued show cause notice dtd. 23/12/2025 to petitioner, under the provisions of the GHMC Act, 1955 read with Sec. 10 of TS-bPASS Act, 2020. The petitioner submitted explanation to the show cause notice on 19/1/2026. The said show cause was issued based on a complaint received from respondent No.5 stating that certain unauthorized constructions are being carried out by the petitioner occupying common area and footpath of premises at Pr.No.Flat No.4, Block No.8, MIG-2, Baghlingampally, Hyderabad, and directed the petitioner to submit explanation to the show cause notice within fifteen (15) days as to why the unauthorized construction should not be demolished departmentally, failing which action will be taken as per Rules in force. A copy of photograph of the unauthorized constructions on the subject property was also forming part of the said show cause notice. The petitioner thereafter filed W.P.No.2022 of 2026 before this Court and this Court vide order dtd. 22/1/2026 disposed of the writ petition directing respondent No.3 to consider the explanation dtd. 19/1/2026 submitted by the petitioner to the show cause notice dtd. 23/12/2025 and pass orders in accordance with law by affording opportunity of hearing to the petitioner and respondent No.5, and pending enquiry pursuant to the show cause notice dtd. 23/12/2025, respondent No.3 was directed not to interfere with the possession of the petitioner in respect of the subject property. The order was passed without going into the merits, as such notice to respondent No.5 was dispensed with in that writ petition. By that time the respondent No.3 issued impugned notice dtd. 20/1/2026. The said orders were issued after considering the reply of the petitioner dtd. 17/1/2026 and 19/1/2026. In the said order, it was stated that based on a complaint received from respondent No.5 stating that the petitioner has illegally constructed shops by occupying common area and footpath of premises at Pr.No.Flat No.4, Block No.8, MIG-2, Baghlingampally, Hyderabad. A copy of the photograph of the extent of unauthorized construction which is existing in front of the flats was also been appended in the order dtd. 20/1/2026. In the impugned orders, it is further submitted that the contentions of the petitioner are not correct and does not convey the existing possession on ground, as such, the explanation/reply submitted was rejected, and the petitioner was directed to remove unauthorized constructions within 15 days, failing which the GHMC would proceed to demolish the unauthorized constructions departmentally enforcing recovery of the cost thereof from the petitioner. Questioning the order dtd. 20/1/2026, the present writ petition is filed.

(3.) The petitioner submits that there are no unauthorized constructions and no application was filed for renovation of subject premises from the date of purchase and the petitioner is in possession and enjoyment of the subject property from 25/1/2010. The said property was purchased by the petitioner from her vendor who earlier purchased from A.P. Housing Board vide document No.2703 of 2002 dtd. 25/9/2002. The petitioner further submits that the tenant, who is residing at Flat No.16 filed complaint and basing on the said complaint, without any verification, respondent No.3 issued show cause notice dtd. 25/12/2025 calling for explanation within 15 days, for which the petitioner has submitted explanation dtd. 19/1/2026.