✦ High Court of India · 20 Jan 2025

High Court · 2025

Case Details High Court of India · 20 Jan 2025
Court
High Court of India
Decided
20 Jan 2025
Bench
Not available
Length
1,072 words

1. Sri..Ashraf_Khan, S/o l!r. l.qte Mahboob Khan, Aged about 4.1 years, Occ _ Business, Ryo H.No.1-3-20115, Jahanuma, Chadina"r, Hyderibad, t6lin'oa"J 2. Ivlir Amjad Ati,. S/o. Mir Kaiser Ati, Aged about +z yeats, ffi B;;i.'";;: Fyi.'Fi. No. 19-3-52, Jahanuma, CharminarlHyderabad, faa;Hna AND ...PETITIONERS t lfe p!at9 of,Tetangara, Rep by.its principal Secretary, Department of Munrcipar Administration and Urban Development Se6retariat Buildings Hyderabad 2. The Hyd.era_bad-Disa:ter Response and Assets Monitoring and protection ^ igglly (|-|YDRAA),.Rep. by.itb Commissioner euohi ehii;, Hvodii6ij 3. rhe rnspector of Police, Hyderabad Disaster Response and Ass6t proieaion Agency, Hyderabad ...RESPONDENTS 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 petitioner's residential premises bearing Municipal No.8-15-1 1412313 (prN - 111sso6214), admeasuring 113 Sq. yards or equivalent to 94.48 square meters, having plinth area of 100 square feet (A.c.c), (out of total land admeasuring 213 square yards and builtup area of 2o0 square feet), situated at Mailardevpally Village, under GHMC Rajendranagar circle, Rajendra Nagar Mandar, Ranga Reddy District, Terangana without following due process of law, despite currency of notice period in notice bearing No' 102 / coMM / HYDRAA I 2o2s dated 17 .o1 .202s granting (3) days of time to furnish documents in respect of the residential property, without inspecting petitioner's title and other documents, without putting petitioner on notice as I t I highlyillegal,arbitrary,inviolationofArt.3oo(A)oftheConstitutionoflndia,in clear violation of petitioner's legal and fundamental rights, against the principles of natural justice, in ccnsequence direct the respondents herein more particularly respondent No.3 not to demolish petitioner's residential premises bearing Municipat No.B-15-.1 14123t3 (PTIN -1 115506214), admeasuring 113 Sq. Yards or equivalent to 94.48 square meters, having plinth area of 100 square feet (A.C.C), (out of total land admeasuring 213 square yards and builtup area of 200 square feet),situatedatMailardevpallyVillage,underGl-lMCRajendranagarCircle, 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 Petitioner: SRl. ZABI UR RAHMAN KHAN Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2&3: SRI K. RAVINDER REDDY, SC The Court made the following: ORDER HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.1497 of 2ol25 ORDER: Heard Sri Zabi UR Rahman Khan, learned counsel for the petitioners and Sri K. Ravinder Reddy, learned standing counsel appearing for respondent Nos.2 and 3. Perused the record.

2. Petitioners herein are claiming that they are absolute owner and possessor of residential house bearing Municipal No.S- 15- 1 14 /23 / 3, admeasuring 1 13 square yards situated at Mailarder,pally Village, Rajendranagar Mandal, Ranga Reddy District. They are in possession of the said property. While the matter stood thus, 3.d respondent has issued notice dated 17.O1.2O25 requesting the petitioners to furnish copies of the following documents: i. Copy of Sanctioned Plan & its Proceedings from tl.e concerned authority, if any. ii. Copy of Registered Documents of Property. iii. Copy of Link Documents iv. Copy of Layout Plan v. Details of Court cases (if any). KL,J W.P.No l l97 of 2025 2

3. Three d,avs time was granted to the petitioners lt is the specific contention of the petitioners that 3rd respondent irstead of serving the said notice to the petitioners, afhxed it on the subject property' Onl1' three days time was granted' to the petitioners to furnish copies oftheaforesaiddoouments.Withoutwaitingforthesaid three days lime, respondent Nos'2 and 3 are tr-ving to demolish the construction' Therefore' d'ccording to the petitioners the said action of respondent Nos'2 and 3 is arbitrary and illegal.

4. Whereas, Sri K. Ravinder Reddy' learned standing counsel for respondent Nos'2 and 3 on instructions would submit that petitioners have to submit copies of the said documents ald 3'd respondent will consider the same and thereafter h,: rn'ill take action, if any' In the light of the a-foresaid submissions' this writ 5. petition is disposed of granting (10) days time from today to the petitioners to submit copies of the aforesaid documents as sought by the 3'd respondent, vide notice dated 1,7 .O1.2O25 alrd on receipt of the same' 3'd respondent KL.J W P No 1497 or2O2S 3 shall consider the same and pass ar appropriate order strictly in accordarce with law by putting the petitioners on notice ald affording an opportunity of hearing. Thereafter respondent Nos.2 and 3 are at liberty to take action, if any, against the petitioners herein. They shall complete the said exercise within a period of four (04) weeks from the date of receipt of tJ-e aforesaid documents from the petitioner herein. Till then, respondent Nos.2 and 3 are directed not to dispossess the petitioners from the subject property. If the petitioners 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 petitioners herein. There shal1 be no order as to costs. 6 As a sequel, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. //TRUE GOPY// SD/. T. VIJAY KUMAR R ASSISTANT REGIS SECTION FFICER To,

1. The Principal Secretary, Department of M.unicipal Administration and Urban ' o"i.i.orii"l secretatit Buildings,T'S',Hyderabad , fi;"dfi;i;;i";;; Hra#;;ii B[A;i;;'R'"'ponse and Assets Monitorins ' ;1; ffii;;iio]i ng"h"'i tnVonnnl' audha Bhavan' Hvderabad 3. The lnspector of Police, idel"[Xa oGiitein"spcjns6 and Asset Protection , +fl:ttJ#?lf,oP3* MUNTcTPAL ADMrNrs-rRArroN AND uRBAN 5. Two ccs to sRl. K. RAiYtiiiiA iiEooi, Srnr'tolNc cbuNsEL IoPUCI to Reslrondent No 2 & 3 6. 6# cd6 Sni. ZAei uR-ilAFirraAu rnnru Advocate [oPUc] 7. Two CD CoPies DEVELOPMENT ,Hign C"ou;'ioi irr" siJie olrglql.gana' at Hvderabad [OUTI With a Direction to communi-cii" it'it *O,it "opy @L, M HIGH COURT DATED:2010112025 CC TODAY I ORDER WP.No.1497 of 2025 ( J o o * 1 ttt S T..r 7.€' 2 3 JAI{ ?MI ;: ,' DISPOSING OF THE WRIT PETITION WITHOUT COSTS ["d- I i i

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