High Court · 2025

Judgment

1. State of Telangana, The Municipal Administration Rep., by its Principal Secretary, Secretariat, Hyderabad

2. The Commissioner, GHMC Head Office, Tankbund Road, Hyderabad.

5. 6 7 The Zonal Commissioner, GHMC, Tax Section, Cr. Vlll, Abids, Hyderabad. The Asst. City Town Planner, GHMC Cr. Vlll, Abids, Hyderabad. The Hyderabad Disaster Management, (HYDRA) Rep., by its Enginegr-in- Chief (R and 13) 6-3-1216145A, Monarick Building, Methodist Colony, Kundanbagh, Begumpet, Hyderabad -1 6 Usha Bai, Wo: late. B. Suresh Singh, Aged about- 48 years, Occ: Household, Rashim @ Pinky, Wo: late. Mukesh Singh, Aged about 26 years, Occ:household, (Both Respondents No.6 and 7 are tenants at H.No-.14-8-3371338 and 344, 345, Ambedkarnagar, Jumerath Bazar, Hyderabad, T.S.) ...RESPONDENTS

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any appropriate Writ Order or Direction more particularly in the nature of Writ of Mandamus declaring that the action Respondent Nos. 1 to 5 herein in granting compensation amount in respect of H.No.14-8-3371338 and 344, 345, Ambedkarnagar, Jumerath Bazar, Hyderabad, T.S., to Respondents No.6 and 7 as arbitrary, illegal, un-Constitutional and violative of Fundamental Rights, which are guaranteed to the Petitioner herein Under Article 14 and 300-A of the Constitution of lndia, and issue the consequential Directions to the Respondents No.1 to 5 to consider the Legal Notice dt.14.08.2024 and resubmission of Legal Notice dt.25.10.2O24 lo issue all necessary mandatory notices to Petitioner for acquisition of said properties i.e., bearing 1. GHMC No.14-8-345, admeasuring 56 Sq.Yds., situated at Jumerath Bazar, Hyderabad, 2. GHMC No.14-8-344, admeasuring 107 Sq Yds., situated at Jumerath Bazar, Hyderabad, 3. GHMC No.14-8-337 and 338, admeasuring 79 Sq.Yds., situated at Jumerath Bazar, Hyderabad. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased o direct the Respondents No.1 to 5 to consider the Legal Notice dt. 14.08.2024 and resubmission of Legal Notice d1.25.10.2024 with directions to issue all necessary mandatory notices to Petitioner for acquisition of said properties bearing to issue all necessary mandatory notices to Petitioner for acquisition of said properties i.c., bearing 1. GHMC No.14- 8-345, admeasuring 56 Sq. Yds., situated at Jumerath Bazar,Hyderabad,2. GHMC No.14-8-344, admeasuring 107 Sq. Yds., situated at Jumerath Bazar, Hyderabad, 3. GHMC No.14-8-337 & 338, admeasuring 79 Sq.Yds., situated at Jumerath Bazar, Hyderabad. Counsel for the Petitioner: SRI SUDHEER SINGH Counsel for the Respondent No.1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent Nos.2 to 4: SRI MIDDE ARUN KUMAR, SC FOR GHMC Counsel forthe Respondent No.5: SRI KATIKA RAVINDER REDDY, SC FOR HYDRAA Counsel for the Respondent Nos.6 and 7:--- The Court made the following: OROER I =7 HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.362 OF 2025 ORAL ORDER: Heard leamed counse I for the petitioner, Mr. Midde Arun Kumar, leamed Standing Counsel for GHMC appearing on behalf of respondent Nos.2 to 4 and Mr. Katika Ravinder Reddy, [eamed Standing Counsel for HYDRAA appearing on behalf of respondent No.5.

2. The petitioner herein is claiming that he is the absolute owner and possessor of the properties bearing House Nos.14-8-345, 14-8-344 and 14-8-337 & 338, admeasuring 56 square yards, 107 squarc yards wrd 79 square yards, situated at Jumerath Bazar, Hyderabad, on the strength of unregistered notarized agreements of sale. dated 15.12.1985, 18,12.1997 and 07.05.1999, respectively. Respondent Nos.6 and 7 created fake documents. Therefore, on the complaint lodged by the petitioner, the police of Shahinayathgund registered a case in Crime No.5 of 2018 for the offence under Section - 506 of IPC against respondent Nos.6 and 7 and others. On completion of investigation, the police laid the charge sheet against respondent Nos.5 and 6 and others and the sam€ was taken on file as 7 KL,J w.P No 362 of 2025 C.C. No.54 ol20l8. He has also filed a suit vide O'S' No'964 of 2017 seeking canccllation of atleged registered sale deeds' declaration of title, recovery of possession and for perpetual injunction' The petitioner has also filed a petition before the Rent Controller vide F.'C' No.14 of2017 against respondent Nos'6 and 7 seeking eviction and arrears of rent etc.. and the said suit and RC are also pending. During pendency of the aforesaid proceedings, the petitioner has issued a legal notice dated 14.08.2024 to the official respondents not to acquire the subject property under the guise of 'Musi Riverfront Development Project' without loltowing due procedure laid down under law' Despite receiving and acknowledging the said legal notice, respondept Nos.2 to 4 did not act upon the same. Aggrieved by the said inaction ofrespondentNos.2to4,thepetitionerfiledthepresentwritpetition'

3. As discussed above, the petitioner filed a suit seeking cancellationofallegedregisteredsaledeeds,declarationoftitle, recovery ofpossession and for perpetual injunction' The said suit and RC proceedings are pending. Criminal cases are also pending' Therefore, the petitioner cannot issue a legal notice seeking a direction to respondent Nos.2 to 4 to consider the same' According to Mr' Mi(de Arun Kumar, learned standing counsel appearing for I I \ J KI-,J w P No 162 of2025 respondent Nos.2 to 4' as on today, there is no threat of dispossession ofthe petitioner or respondent Nos'6 and 7 from the subject property' The Government has already appointed a High Level Committee for beautification of Musi River and removal of encroachments' unauthorized constructions on the river bed of Musi' The District Collector is making markings with regard to FTL and Buffer Zone of MusiRiver.TheDistrictCollectorisalsoidantifyingtheillegal structures within the Musi fuver and the High Level Comminee will discuss/negotiate with the owners of the said structures and try to rehabilitate them. The official respondents will follow the due procedure laid down under law before taking action' ifany' against the petitioner herein including demolition of the petitioners' structures' Even according to the petitioners, respondent Nos'6 and 7 are in possession of the subject property' Therefore, he has filed RC seeking their eviction.

4. tn the light of the aforesaid submission and discussion' this writ petition is disposed of directing respondent Nos'2 to 4 to consider the aforesaid aspects including the pendency of the aforesaid suit' If the subject property is required for any purpose, they shall acquire the same strictly by following procedure taid down under law by pufting 4 KL.J w-P. No.362 of2025 the petitioner and respondent Nos.6 and 7 on notice and affording them an opportunitv. In the circumstances of the case, there shall be no order as to costs As a sequel thcreto, miscellaneous petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// 'R5tiS'llNi'ffiA,EFRRX SECTION OFFICER I I to,., . ,n" principal Secretary, State of relangana, The Municipal Administration lff'ssmr$gfffim$ff't::

7. One CC to Sri Katil 8. Two CD CoPies TJ LS v l,i e ATS I E o { Irt{ lffi * P::q r.l 1 ('l' ; v a') a? , HIGH COURT DATED:0710112025 o L) ORDER WP.No.362 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS W,(