Telangana High Court
M.A. Haroon Amjad vs The State Of Telangana on 12 June, 2025
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.15969 OF 2025
ORDER :
(ORAL)
This writ petition is filed by the petitioner seeking the following
relief:
"...to issue Writ, Order or Direction, or any other appropriate Order
one in the nature of a Writ of Mandamus, declaring the action of the
Respondent No.5 issuing Show Cause Notice vide No.1004/COMM/
HYDRA/2025 dated 27.05.2025 to the Petitioner without having any
authority determining the roads over the non-existing layouts claiming
that the Petitioner has made construction in Sy.No.32 of Cyber Hills,
Guttala Begumpet Village, Serilingampally Mandal, Ranga Reddy
District by way of encroaching the road knowing well that the house
was constructed in Sy.No.30 and 31 part after obtaining the sanctioned
plan vide File No.2/C20/06797/2021, permit No.2/C20/09559/2021,
dated 09.09.2021 and completed the construction in the year 2022 and
obtained Occupancy Right Certificate vide Proceedings No.3377/
GHMC/SLP/2022-OC dated 02.11.2024, threatening to demolish the
building which was constructed as per the sanctioned plan as illegal,
arbitrary and violation of principles of natural justice besides violation
of Article 300-A of the Constitution of India, consequently set aside
Show Cause Notice vide No 1004/COMM/HYDRA/ 2025 dated
27.05.2025 issued by the Respondent No.5 and to pass..."
2. Mr. E. Venkata Siddhartha, learned counsel for the petitioner,
submitted that show cause notice dated 27.05.2025 was issued to the
petitioner alleging that he has encroached 30 feet wide road situated in
Survey No.32 of Cyber Hills, Guttala Begumpet Village, Serilingampally
Mandal, Ranga Reddy District; the petitioner was called upon to submit
his explanation within a period of seven (7) days. The petitioner
submitted detailed explanation dated 31.05.2025. Learned counsel
submitted that the impugned show cause notice is in the nature of final
decision and from the tenor of the said notice, it is clear that HYDRAA
has already made up its mind and has come to a conclusion that the
petitioner has encroached 30 feet road. Thus, no purpose would be
served and it would be a mere formality if the HYDRAA passes any
order pursuant to the impugned notice.
3. Learned counsel for the petitioner placed reliance on the judgment
of the Hon'ble Supreme Court in Oryx Fisheries (P) Ltd. v. Union of
India 1, wherein it was held that show cause notice gets vitiated by
unfairness and bias and the subsequent proceedings become and idle
ceremony (Para No.27) and the person who receives the show cause
notice must get in impression that he will get an effective opportunity to
rebut the allegations contained in the show cause and prove his innocence
(Para No.31).
4. Mr. S. Rahul Reddy, learned Special Government Pleader,
submitted that the contention raised by the learned counsel for the
petitioner is unfounded. In fact, HYDRAA has not come to any
conclusion. On verification of the documents, encroachment of 30 feet
(2010) 13 SCC 427
road by the petitioner was found and observations were drawn in the
impugned show cause notice and the petitioner was directed to submit his
explanation to which he submitted detailed explanation on 31.05.2025.
5. Upon hearing the learned Special Government Pleader and on
reading the contents in the impugned show cause notice, this Court is of
the opinion that show cause notice only refers to observations based on
which respondent No.5 has formed an opinion that there is encroachment
of 30 feet wide road in Survey No.32 of Guttala Begumpet Village.
The petitioner, in fact, has filed detailed explanation to the impugned
show cause notice. It would suffice if respondent No.5 is directed to give
reasonable opportunity of hearing to the petitioner before any final
decision is taken pursuant to the impugned show cause notice.
6. In the circumstances, this writ petition is disposed of directing
respondent No.5 not to interfere with the possession of the petitioner in
respect of the subject premises in Sy.No.32 of Cyber Hills, Guttala
Begumpet Village, Serilingampally Mandal, Ranga Reddy District
pending consideration of his explanation dated 31.05.2025 to the show
cause notice dated 27.05.2025 by giving opportunity of hearing to the
petitioner in accordance with law. There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in
this writ petition stand closed.
_______________________
B. VIJAYSEN REDDY, J
June 12, 2025
RRK
