Rafiya Sultana v. The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, more particularly one in the nature of Mandamus, declaring the action of the respondents herein more particularly Respondent No.3 herein in threatening to demolish petitioners residential premises bearing Municipal No.8-15-37/20 (PTIN- 1060808767), admeasuring 200 Sq. Yards or equivalent to 167 .22 square meters, having plinth area of 100 square feet (A.C.C), situated at Mailardevpally Village, under GHMC Rajendranagar Circle, Rajendra Nagar Mandal, Ranga Reddy District, Telangana without following due process of law, despite currency of notice period in notice bearing No. 105 / COMM / HYDRAA 12025 daled 17.01.2025 granting (3) days of time to furnish documents in respect of the residential property, without inspecting petitioner'$ title and other documents, without putting petitioner on notice as highly illegal, arbitrary, in violation of Art.300(A) of the Constitution of lndia, in clear violation of petitioner's legal and fundamental rights, against the principles of natural justice, in consequence direr;t the respondents herein more particularly respondent No.3 not to demolish petitroners residential premises bearing Municipal No.8-15-37/20 (PTIN- 1060808767), admeasuring 200 Sq. Yards or equivalent to 167.22 square meters, having plinth area of 100 square feet (A.C.C), situated at Mailardevpally Village, under GHMC Rajendranagar Circle, Rajendra Nagar Mandal, Ranga Reddy District, Telangana. 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 to permit the petitioner to furnish documents pursuant to impugned notice dated 17.01.2025 by enlarging time. Counsel for the Petitionen SRI ZABI UR RAHMAN KHAN Counsel for the Respondent No.'l: cP FOR MUNICIPAL ADMINISTRATTON & URBAN DEVELOPMENT Counsel for the Respondent No.2 & 3: SRI K. RAVINDER REDDY The Court made the following: ORDER HON'BLE SRI JuSTICE K. LAKSHMAN WRIT PETITIOIT No.1493 of 2Cl25 ORDER: Heard Sri Zabi UR Rahman Khan, learned counsel for the petitioner and Sri K. Ravinder Reddy, learned standing counsel appearing for respondent Nos.2 ald 3. Perused the record.

2. Petitioner herein is claiming that she is absolute owner and possessor of residential house bearing Municipal No.8-15-37/20, admeasuring 2OO square yards situated at Mailardevpally Village, Rajendranagar Mandal, Ranga Reddy District. She is in possession of the said property. While the matter stood thus, 3.d respondent has issued notice dated L7 .O1.2025 requesting the petitioner to furnish copies of the following documents: i. Copy of Sanctioned Plan & its Proceedings concerned authority, if any. ii. Copy of Registered Documents of Property. from the iii. Copy of Link Documents iv. Copy of Layout Plarr v. Details of Court cases (if any).

3. Three days time was granted to the petitioner. It is ttre specifrc contention of the petitioner that 3.4 respondent KI,J W.P.No.1493 oi 2025 2 instead of sen,ing the said notice to the petitioner, aJfixed it on the subje,:t property. Only three days time was granted to the petitioner to furnish copies of the a-foresaid documents. Without waiting for the said three days time, respondent Nos.2 and 3 are trying to demolish the construction. Therefore, according to the petitioner the said action of respondent Nos.2 and 3 is arbitrary and illegal .

4. Wherezrs, Sri K. Ravinder Reddy, learned st.anding counsel for respondent Nos.2 and 3 on instr-uctions would submit that petitioner has to submit copies of the said documents and 3'd respondent will consider the same and thereafter he will take action, if any.

5. In the light of the aforesaid submissions, this writ petition is disposed of granting (10) days time from today to the petitione:r to submit copies of the aforesaid documents as sought by the 3'd respondent, vide notice dated

17.01.2025 and on receipt of the same, 3'd respondent shall consider the same and pass an appropriate order strictly in accordance with law by putting the petitioner on KL.J W P.No 1,193 oI2025 J notice and affording an opportunity of hearing. Thereafter respondent Nos.2 and 3 are at liberty to take action, if any, against the petitioner herein. They shall complete the saij exercise within a period of four (04) weeks from the date of receipt of the a-foresaid documents from the petitioner herein. Till then, respondent Nos.2 and 3 are directed not to dispossess the petitioner from the subject property. If the petitioner fail to submit copies of the said documents within 10 days from today, liberty is grarted to Respondent Nos.2 and 3 to take action against the petitioner herein. There shall be no order as to costs.

6. As a sequel, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. //TRUE COPY// SD/- P.GOWRI SHANKAR ASSISTANT REGISTRAR r?t' ,/ SECTION OFFICER '1. The Principal Secretary, Department of Municipal Administration and Urban Development, The State of Telangana, Secretariat Buildings Hyderabad

2. The Commissioner, The Hyderabad Disaster Response and Assets Agency, Hyderabad Monitoring, and Protection Agency (HYDRAA) Budha Bhavan, Hyderabad 3. The lnspector of Police, Hyderabad Disaster Response and Asset Protection 4. One CC to SRI ZABI UR RAHMAN KHAN, Advocate [OPUC] 5. One CC to SRI K. RAVINDER REDDY, Advocate IOPUC] with a Direction to 6. Two CCs to GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT, High Court for the State of Telangana. [OUT] communicate this order copy to Respondent No.2 & 3 7, Two CD Copies BN PSK a \ To, , t CC TODAY HIGH COURT DATED:2010112025 ORDER WP.No.1493 of 2025 ( t) o () 1 t{6sTaf € o ?3 JAI{ ?ffi * i.c-.., (. .i, + DISPOSING OF THE WRIT PETITION WITHOUT COSTS [D