✦ High Court of India · 20 Jan 2025

The High Court · 2025

Case Details High Court of India · 20 Jan 2025
Court
High Court of India
Decided
20 Jan 2025
Length
1,093 words

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.8-15-114/2313 (PTIN- 1115506214), admeasuring 213 Sq. Yaids or equivalent to 178.08 square meters, having plinth area of 200 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' 104 / CoMM/HYDRAtu2O2S daled 17t0112025 granting (3) days of time to furnish .7 z documents in respect of the residential property, without inspecting petitioner's 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 direct the respondents herein more particularly respondent No.3 not to demolish petitioners residential premises bearing Municipal No.8-.15- 11412313 (PTIN- 1115506214), admeasuring 213 Sq. yards or equivalent to 178.08 square meters, having plinth area of 200 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 ir support of the petition, the High Court may be pleased to permit the petitioner to furnish documents pursuant to impugned notice dated 1710112025 by enlarging time. Counsel for the Petitioner : SRI ZABI UR RAHMAN KHAN Counsel for the Respondent No.1 : GP FOR MCPL ADMN URBAN DEV counsel for the Respondents No.2&3 ' 3[,ffi,,T1,IXXNDER REDDY, The Court made the following: ORDER -:'!:,]- '.i l ! I i HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.149 5 of 2025 ORDER: Heard Sri Zabi UR Rahman Ktran, learned counsel for the petitioner and Sri K. Ravinder Reddy, learned standing counsel appearing for respondent Nos'2 and 3' Perused the record.

2. Petitioner herein is claiming that she is absolute owner and possessor of residential house bearing Municipal No.8-15-1 L412313, admeasuring 213 square yards situated at Mailardevpatly 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 17 'O1'2O25 requesting the petitioner to furnish copies of the following documents: i. Copy of Sanctioned Plan & its Proceedings from the concerned authoritY, if anY. ii. Copy of Registered Documents of Property' iii. Copy of Link Documents iv. Copy of LaYout Plal v. Details of Court cases (if anY)'

3. Three days time was granted to the petitioner' It is the specific contention of the petitioner that 3'd respondent i I KL,J W P.No.I495 of 2025 2 instead of serving the said notice to the petitioner, alfixed it on the subject property. Only three days time was granted to the pr:titioner to furnish copies of the aforesaid documents. Without waiting for the said three days time, respondenl. Nos.2 and 3 are trying to demolish the construction. Therefore, according to the petitioner the said actiorL of respondent Nos.2 and 3 is arbitrary and illegaJ.

4. Whereas, Sri K. Ravinder Reddy, learned standing counsel for respondent Nos.2 and 3 on instructions would submit that petitioner has to submit copies of the said documents and 3.d respondent will consider the same and therea-fter he will take action, if any.

5. In thr: light of the aforesaid submissions, this writ petition is disposed of granting (1O) days time from today to the petitioner 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 sarne, 3rd respondent sha-Il consicler the same and pass an appropriate order strictly in a<:cordance with law by putting the petitioner on KL,J w.P-No.1495 of 2025 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 said 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 1O days from today, liberty is granted. 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 petiti ons, if any, pending in the Writ Petition shall stand closed. _ __._2._ SD/. T.VIJAY KUMAR ASSISTANT REGISTRAR ,, \ To, /ITRUE COPY// ,/ O/ SECTION OFFICER 'l . The Principal Secretary, Department of Municipal Administration and Urban Development, State of Telangana, Secretariat Buildings, Hyderabad.

6. The Commissioner, Hyderabad Disaster Response and Assets Monitoring and Protection Agency (HYDRAA), Budha Bhavan, Hyderabad. The lnspector of Police, Hyderabad Disaster Response and Asset Protection Agency, Hyderabad. One CC to SRI ZABI UR RAHMAN KHAN, Advocate. [OPUC] Two CCs to GP FOR MCPL ADMN URBAN DEV, High Court for the State of Telangana. [OUT] One CC to SRI KATIKA RAVINDER REDDY, SC FOR GHMC/HYDRAA. IOPUCI (Sri Katika Ravinder Reddy, SC for HYDRAA shall inform this order to Respondent No.3) ^ 7. ff.,z Two CD Copies. BSK PSK " .--- '--tr'-<-- HIGH COURT DATED:2010112025 t CC TODAY ORDER WP.No.1495 of 2025 ( q C o lttES14 r4:' 2 3 J,l!{ ztrs DISPOSING OF THE WRIT PETITION WITHOUT COSTS 9b

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