1. Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1, Sri.R.Venkatesh, learned standing counsel for GHMC appearing for respondent Nos.2 and 3. With their consent, the writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition has being filed seeking the following prayer:-

               “to declare the impugned orders passed by the respondent No.3 vide Vacation Notice No.751/7/TPS/C27/CRZ/GHMC/2026 dated 18.02.2026 is highly illegal, arbitrary, without jurisdiction, in violation of principles of natural justice and contemptuous being in violation of status quo orders passed in OS No.1487 of 2023, by Learned VI Junior Civil Judge, CCC, Hyderabad, tainted with malafides, against the provisions of the GHMC Act and unconstitutional. Consequently this Honble Court may be pleased to direct the respondents to act strictly in accordance with the provisions of the GHMC Act.”

3. Brief facts as stated in this writ petition are that the petitioner along with his brother and sister claims to be the owner and possessor of the property bearing No.16-2-751/7/A/1 (old 16-2-751/6), admeasuring to an extent of 530 Sq.yards, situated at Saidabad Colony, Hyderabad, having acquired the same through registered gift deed bearing document Nos.5626, 8690 and 8689 of 2018 dated 29.06.2018. It is further submitted that with an intention to develop the subject property, the petitioner entered into development agreement with RMS Builders and the same was registered vide document bearing No.5311 of 2019 dated 15.06.2019 for constructions of Multi stories residential building comprising of 5 floors+ pent house. Thereafter, the RMS Builders obtained permission for construction of Stilt + 4 floors on the subject property and assured the petitioner that permission of 2 more floors will be obtained later. The case of the petitioner is that on complaint from third parties, the Deputy Commissioner Circle-27, Malakpet, CHRZ, GHMC, issued impugned Vacation Notice bearing No.751/7/TPS/C27/CRZ/GHMC/2026 dated 18.02.2026, directing the petitioner “to vacate the premises within (3) days from the date of receipt of this notice, so as to enable this office to remove the unauthorized constructions of 5 th and 6th floor over the permitted stilt +4 upper floors in premises bearing H.No.16-2-751/7/A/1 (New) and 16-2-751/6 (old), situated at Saidabad Colony, Hyderabad”. Aggrieved by the same, this writ petition is filed.

4. Learned counsel for the petitioner submits that the petitioner has received the impugned notice dated 18.02.2026 on 19.02.2026 and fairly submits that the petitioner has remedy to file appeal under provision 654 of GHMC Act, 1955 and further submits that the petitioner is taking steps to file the appeal and till then pray this Court to direct the respondent authorities not to take further steps in pursuant to impugned Vacation Notice bearing No.751/7/TPS/C27/CRZ/GHMC/2026 dated 18.02.2026.

5. Learned standing counsel for GHMC appearing for respondent Nos.2 and 3 submits that one Mohammed Abdul Aayyum made a representation dated 19.11.2025 and requested the respondent authorities to take action against the unauthorized/illegal construction made on the subject property. The said person also filed W.P.No.3312 of 2026 and this Court vide order dated 04.02.2026 directed the respondent authorities to take action on the unauthorized constructions. In pursuant to the order dated 04.02.2026, the Deputy Commissioner Circle-27, Malakpet, CHRZ, GHMC, issued Vacation Notice bearing No.751/7/TPS/C27/CRZ/GHMC/2026 dated 18.02.2026.

6. In the case on hand, it is pertinent to note that the petitioner has remedy to file appeal under provision 654 of GHMC Act, 1955 and instead of filing an appeal petitioner had filed this writ petition, however, during the course of arguments, learned counsel for the petitioner submits that the petitioner is taking steps to file an appeal. It is also pertinent to refer to the orders passed by the Hon’ble Supreme Court in Writ Petition (Civil) No.295 of 2022 (2024 INSC 866) (Bulldozer case), wherein certain directions were issued with respect to demolition of the unauthorized construction and it was also held that opportunity of hearing to be granted to the affected parties.

7. Recording the submission made by learned counsel appearing on either side, having considered the above facts and circumstance and in the light of the orders passed by the Hon’ble Supreme Court in Bulldozer’s case, this writ petition is disposed of granting liberty to petitioner to file an appeal under the provision 654 of GHMC Act, 1955, within a period of one (01) week from the date of receipt of copy of this order. Till such time, the respondent authorities are directed not to take further steps in pursuant to the impugned Vacation Notice bearing No.751/7/TPS/C27/CRZ/GHMC/2026 dated 18.02.2026. It is made clear that this Court has not expressed any opinion on the merits of the case and since the petitioner has a right of Appeal, till the petitioner files appeal, further action on vacation notice dated 18.02.2026 is suspended for a period of one (01) week. It is also made clear that if the petitioner fails to file appeal within the prescribed time, it is open for the respondent authorities to take further steps strictly in accordance with law.

8. With the above direction, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs.