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Judgment
ORDER:
Heard learned counsel for the petitioners and Mr. Srinivas Rao Pachwa, learned standing counsel for the respondents No.2 to 4.
Learned standing counsel for GHMC appearing for the respondents No.2 to 4 has taken objection to the maintainability of the writ petition by contending that the petitioners, instead of the cooperating with the enquiry pursuant to show cause notice dated 08.09.2025, has approach this Court.
Learned counsel for the petitioners submitted that status quo order has been passed by the trial Court in respect of the subject property on 30.01.2020 in IA.No.1688 of 2019 in O.S.No.1174 of 2019. Thus, during subsistence of status quo order, the show cause notice ought not to have been issued.
Learned standing counsel relied upon circular of the High Court dated 08.11.2023 wherein directions were issued to the trial Court not to grant interim orders contrary to the judgment of this Court in MUNICIPAL CORPORATION OF HYDERBAD V. M/S. PHILOMENA EDUCATION FOUNDATOIN OF INDIA [2008 (1) ALT 670 (DB)]. It is further stated that steps have been taken to get the interim order vacated.
Considering the above facts and circumstances and that the petitioner have already submitted explanation to the show cause notice, this Court is not inclined to entertain the writ petition.
However, the writ petition is disposed of with a direction to the trial Court to pass orders pursuant to the show cause notice dated 08.09.2025 within a period of four (4) weeks from the date of receipt of a copy of this order. However, the GHMC is at liberty to seize the unauthorized floors by following procedure under Section 461 and 461(A) of the GHMC Act, 1955.
The writ petition is disposed of. The miscellaneous applications, pending if any, shall stand closed. There shall be no order as costs.