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Judgment
The present writ petition is filed seeking the following prayer:
"...to issue an appropriate Writ Order or Direction more particularly one in the nature of a Writ of Mandamus declaring the action of the respondents in proposing coercive action pursuant to Show Cause Notice No. UC13750/W251/CIR52/TPS/KPZ/CMC/2026 dated 24.10.2026 identifying the precise violations by comparison with the sanctioned building plan and considering the petitioners objections after an effective personal hearing as illegal arbitrary and contrary to the principles of natural justice consequently direct the respondents not to take any coercive steps for demolition of the petitioners Plot No.156 Part forming part of the sanctioned layout approved by the Hyderabad Urban Development Authority HUDA vide File No.7108/MP2/HUDA/98 admeasuring 104 square yards equivalent to 86.95 square metres situated at Silpa Avenue Colony in Survey Nos.156/2 Part and 157 Part Hydernagar Village presently within the jurisdiction of the Cyberabad Municipal Corporation, Kukatpally Circle, Telangana State and consider the petitioner's explanation and pass a reasoned order strictly in accordance with law before taking any demolition or other irreversible coercive action and further direct that any disputed side setback or boundary measurement be assessed with reference to the sanctioned building plan applicable Building Rules and the authenticated HUDA layout through a competent joint survey without requiring additional side setbacks unsupported by the sanctioned plan or applicable law and pass..."
Heard Smt. G.Sangeetha, learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development Department appearing for respondent No.1 and Sri Raparthi Venkatesh, learned Standing Counsel for Municipality appearing for respondent Nos.2 and 3.
Learned counsel for the petitioner submits that the petitioner is the owner and possessor of the property bearing Open Plot No.156 Part, forming part of the sanctioned layout approved by the Hyderabad Urban Development Authority (HUDA), vide File No.7108/MP2/HUDA/98, admeasuring 104 square yards, equivalent to 85.95 square metres, situated at Silpa Avenue Colony, in Survey Nos.156/2 Part and 157 Part, Hydernagar Village, presently falling within the jurisdiction of the Cyberabad Municipal Corporation, Kukatpally Circle, Telangana State. She further submitted that the petitioner obtained building permission for construction of an individual residential building consisting of a Stilt floor for Parking + 2 upper floors, vide Building Permit Order No.0099/CMC/IA/C52/2026, dated 03.03.2026, and is proceeding with the construction pursuant to the said permission.
Learned counsel further submits that respondent No.1 issued a show-cause notice dated 24.10.2026, alleging deviations from the sanctioned building plan and calling upon the petitioner to show sufficient cause, by way of a written explanation, within 15 days from the date of receipt of the said notice, as to why the alleged deviated portions should not be demolished departmentally. It is further submitted that the petitioner was directed to stop the construction work forthwith and appear before the authority on 09.11.2026 at 3:00 P.M. in the Chambers of the Deputy Commissioner for a personal hearing and to submit oral and written submissions along with supporting documents. Learned counsel for the petitioner further submits that the petitioner is proceeding with the construction strictly in accordance with the sanctioned building plan and has left setbacks in excess of the prescribed requirements, except towards the front portion. She further submitted that the petitioner is in the process of submitting an explanation/reply to the aforesaid show-cause notice. Therefore, learned counsel requests this Court to direct the respondents to consider the explanation/reply to be submitted by the petitioner by affording an opportunity of personal hearing and pass appropriate orders in accordance with law. Learned counsel further requests that the respondents be directed not to take any coercive steps against the petitioner pending consideration of the petitioner's explanation.
Per contra, learned Standing Counsel appearing for respondent Nos.2 and 3 submits that the petitioner has approached this Court even before expiry of the 15 days period stipulated in the show-cause notice dated 24.10.2026 and without submitting any explanation/reply to the said notice. He further submits that, in the event the petitioner submits an explanation/reply to the show-cause notice, the respondents would consider the same and pass appropriate orders in accordance with law.
Having regard to the submissions made by the learned counsel appearing for the respective parties, the writ petition is disposed of, granting liberty to the petitioner to submit explanation/reply to the show-cause notice dated 24.10.2026, on or before 09.11.2026. Upon receipt of such explanation/reply, the respondents shall consider the same by affording an opportunity of personal hearing to the petitioner, and pass a reasoned order, in accordance with law, by duly considering the objections raised by the petitioner and take further action accordingly. It is further directed that the respondents shall not take any coercive steps for demolition of the alleged deviated portions of the subject property until the petitioner's explanation is considered and appropriate orders are passed. No order as to costs.
As a sequel thereto, all miscellaneous applications, if any, pending in this Writ Petition shall stand closed.