✦ High Court of India · 28 Jan 2025

High Court · 2025

Case Details High Court of India · 28 Jan 2025
Court
High Court of India
Decided
28 Jan 2025
Bench
Not available
Length
1,123 words

Judgment

1. 2 J 4 The State of Telangana, Rep. by its princioal Administration and Uiban Devi:looment Deoartrhent Telangana State Secretariat Buildinjs, Hyderatrad Hyderab-ad Dlsaster Response, and Asset protection Aqencv (HyDRAA). Reo - Urbbri Develo jment, Dy .rts Commissioner Municipal Administration and Hyderabad, Telangana Municipal Ambedkar Secretary, Dr. B.R. AIgglOw Municipality, Rep by its Commissioner, Ameenpur, Sangareddy District The Tahsildar, Ameenpur Mandal, Sangareddy District, TS ...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 a writ, order or direction more particularly one in the nature of wRlr oF MANDAMUS declaring the action of the respondents more particularly the 2nd respondent in interfering and high handedly trying to dispossess the petitioners from Plot No.74 to an extent of 2g4 sq yards equivale nt lo 237.42 sq meters in the land in sy No.1 65 and 1 66 situated at Kistareddypet Gram Panchayat, Ameenpur Mandar, sangareddy District on 22lo1l2o2s without issuing any prior notice and without obtaining any permission from this Hqnourable court and without assigning any reasons and without conducting any survey is illegal, arbitrary, contrary to law and in violation of principles of natural justice and in violation to the interim orders dated 1411012024 in WP No.28261 of 2024 oI this Honourable Court and also in violation of Art cles '14, 21 and 300-A of Constitution of lndia and consequently direct the respondent Nos.2 to 4 to not to interfere with the possession from the subject prcperty in Plot No.74 admeasuring an extent of 284 sq yards equivalenl to 237.42 sq meters in the land in Sy No. l65 and 166 situated at Sri Krishna Nagar, Kistareddypet Gram Panchayat, Ameenpur [\/andal, Sangareddy District. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the r:ircumstances stated in the affidavit filed in support of the writ petition, the High C)ourt may be pleased to direct the respondent Nos.2 to 4 to not to interfere with tre possession and not to dispossess the petitioners from the subject pro lL'rty in plot No.74 admeasuring an extent of 284 sq yards equivalent to 237 42 sq meters in the land in Sy No.'165 and 166 situated at Sri Krishna Nagar', Kistareddypet Gram Panchayat, Ameenpur IVlandal, Sangareddy District, till rlisposal of the Wp No.28261 of 2024 and also pending disposal of the presenl Writ petition. Counsel for the Petitioner: SRI G.NARENDER REDDY Counsel for the Respondent No.1: AGP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No.2: SRI KATIKA RAVINDEFI REDDY, SC FOR HYDRAA Counsel forthe Respondent No.3: SRI PUTTA KRISHNA REDDy, SC FOR MCPL Counsel for the Respondent No.4: AGP FOR REVENUE The Court made the following: ORDER .l ORDER: HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.2191 of 2o25 Heard Sri G. Narender Reddy, learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No. 1, Sri Katika Ravinder Reddy, learned Standing Counsel appearing for respondent No.2, Sri Putta Krishna Reddy, learned Standing Counsel appearing for respondent No.3 and Iearned Assistant Government Pleader for Revenue appearing for respondent No.4. Perused the record.

2. It is the specific case of the petitioner herein that though, vide Order dated 30.09.2024 in W.P.No.26870 of 2024 this Court directed the parties to maintain Stafus quo with regard to the subject property in all respects, t respondent Nos.2 and 3 are trying to demolish the I i basement and sump of the subject property in violation of KL,J W.l).No.2191 of 2025 2 the said orcler. From 21.OI.2O25, they art-. clearing the debris and trying to demolish the basement and sump.

3. Whereas, Sri Katika Ravinder Reddy, learned Standing Counscl appearing for respond,3:nt No.2, on instructions. u.ould submit that afte: demolition respondent No.2 has received several compliints from the residents o[ the said locality alleging that the debris is causlng u-rconvenience and requested respo.rdent No.2 to clezrr thc sarne. Therefore, respondent No.2 is clearing the debris and it never tried to demolish the ba-sement and sump as allc.ged in the writ affidavit

4. As discussed supra, W.P.No.26B7O of 2024 is pending. Vicle Order, dated 30.O9.2024. this Court directed both the parties to maintain Sialus quo in respect of the sultject property in all respects. If respondcnt Nos.2 and 3 violated the sai,l order, the petitioner has to file contempt case or fil,: application scckir-rg modification of the said order. Instead of doing IiL,J W-P.No.2 19 I of 2O2S -) so, he has hled the present writ petition. However, according to respondent No.2, it is only clearing the debris and it never tried to demolish the basement and sump.

5. In the light of the same, this Writ petition is disposed of, granting liberty to respondent No.2 to clear the debris and petitioner is directed not to object for the same. Respondent No.2 is directed not to demolish the basement and sump of the subject property. Both parties shall maintain S/a/us_quo with regard to the subject property in all respects, in complialce with the Order, dated 30.09.2024 in w.p.No.26780 0f 2024. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ petition sha-ll stand closed. //TRUE COPY// SD/. L. VIJAYA LAXMI ASSI TANT REGISTRAR ./ SECTION OFFICER l!i3r&1?1f "?il{1"^{s?,i,.,,+.,#u:.,,:".3[:€'1",""?11n,,,.tJ",,ooffi !: Hyderabad, State of Telangana. The Commissioner. Hvderabad Disaster Response, and Asset protection Asency (H'DRAA). rrlunicipii d;i;[t;i_i"r'ni urorn Devetopmenr, Hyderabad, Telang6na l l To, 1 z The Commissioner, Ameenpur Municipality, Ameenpur lSangareddy District The Tahsildar, Ameenpur Mandal, Sangareddy District, TS One CC to SRI G.NARENDER REDDY, Advocate [OptJC] One CC to SRI KATTKA RAVTNDER REDDY, SC FOR .tyDRAA One CC to SRI PUTTA KRTSHNA REDDY, SC FOR MOPL [OPUC] Two ccs to ciP FoR IVCPL ADMN URBAN DEV, Hiqtr court for the state of Telangana at Hyderabad [OUT] Two ccs to GP FoR REVENUE, High court for the state of rerangana at Hyderabad [OUT] Two CD Copies tOpUCI J.

4. q

7. B. 10 BSR GJP // HIGH COURT DATED: 2810112025 \ tI ORDER WP.No.2191 of 2025 -"_- :r... S;- A; .::.' L) .r/ 9 I 22APn M t 'L.S -rAI lr\ 1,!t > o ^ DISPOSING OF THE WRIT PETITION, WITHOUT COSTS ,// /.2 /1 ,)

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