Narsing Pershad v. '1 . The State of Telangana

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 Mandamus, declaring the action of the respondents particularly 3rd respondent in issuing the impugned notice No. 24lll4lDilaplAcPlc-14lKB ZIG H lil Cl2O25, daled O310112025 by giving (7) days time by directing to demolish the premises belongs to the petitioner house property bearing H No. 14-6-241 situated at Near Mahankali Temple, Chudi Bazar, Hyderabad on the ground that the building is in dilapidated condition and without considering the representation dated 1810112025 of the petitioner and also not considered the decreetal order dated 2611212022 passed in OS No. 646/'1991 passed by the ll Senior Civil Judge, City Civil Court, Hyderabad is illegal, arbitrary and against the principles of natural justice and also violative of Articles 14, 19,21 and 300-4 of Constitution of lndia by setting aside the notice dated 03/01/2025 and consequently direct the respondents not to demolish the house property of the petitioner until finalization of the suit pending before the lower court in the interest of justice. IA NO: 1 OF 202s Petition under Section 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to STAY of demolition of the building bearing H No. 14-6-241 situated at Near Mahankali Temple, Chudi Bazar, Hyderabad until finalization of the partition suit filed by the petitioner in O.S. No. 646 of 1991 on the file of court of the Honourable ll Senior Civil Judge, City Civil Court, Hyderabad, pending disposal of the above main writ petition. I Counsel for the Petitioner: SRI DINESH JAISWAL Counsel for the Respondent No.1: GP FOR MCPL AOMN & URBAN DEV Counsel for the Respondeht Nos.2 & 3: SRI MIDDE ARUN KUMAR, SC FOR GHMC Counsel for the Respondent No.4: - The Court made the following: ORDER a THE I{ON'BLE SRI JUSTICE K. LAKSIIMAN WRIT PETITION No.3539 of 2025 ORDER: Heard learned counsel fbr petitioner and Sri Midde Arun Kumar, learned Standing Counsel for Greater Hyderabad Municipal Corporation (GHMC) appearing for respondent Nos.2 and 3.

2. Petitioner is claiming that he is the owner and possessor of properly bearing H.No.14-6-241 situated near N4ahankali Temple, Chudi Bazar, Hyderabad, on the strength of a preliminary decree dated 26.12.2022 in O.S.No.646 ol' 1991 on the file of learned II Senior Civil Judge, City Civit Couft, Hyderabad. It is the specilic contention of petitioner that he is staying in the very same propefiy. 4'l' respondent; his brother, has filed I.A. No.35 of 2014 in O.S.No.646 of l99l seeking firral decree proceedings. The said I.A. is pending. In the meanwhile, 4th respondent has submitted a representation dated 3l .12.2024 to 3'd respondent with a request to demolish the subject propefty stating that it is in dilapidated condition. I I i j I , 2 KL, J W.P.No.3539 o12025 On receipt of the sai<l representation, 3'd respondent has issued notice datcd 03.01.2025 directing occupier/owner/tenant of the subject properly to vacate and demolish the dilapidated structure i.e subject property. Seven (7) days' time was granted to petitioner. Thereupon, he has submitted representation dated 18.0i.2025. Without considering the same, 3'd respondent is insisting petitioner to vacate the subject properly and demolish the same without following due procedure under law. Hence, petitioner filed the present Writ Petition.

3. Perusal of impugned notice dated 03.01.2025 would reveal that 3'd respondent l.ras issued the said notice relying on Structural Stability Report of Executive Engineer, Division-14,, GHMC, dated 30.07.2021 . It is the specific contention of petitioner that the said Structural Stability Reporl dated

30.07.2021 was issuecl behind back of petitioner. The subject propefty is in habitable condition and it is not in dilapidated condition as alleged by GHMC authorities and 4th respondent. i ! I I I I I I l Iil l' \ \ r) 3 KL, J w.P No 3539 of 2025

4. Admiuedly, Srructural Stability Report is dated 30.07 .2021 . Representation of 4'r' respondent is datcd

31.12.2024. Basing upon the same, 3'd respondent cannot issue impugned notice dated 03.01 .2025.

5. It is the specific contention of petitioner that said representation dated 31 .12.2024 subrnitted by 4'h rcspondent would defeat the right/claim ol' petitioner over the sutrject property pursuant to the prelirninary decree and judgment dated26.12.2022 in O.S.No.(r46 of 1991 passed by the learned Il Senior Civil Judge, City Civil Court, Hyderabad.

6. In the light of the above, impugned notice dated O3.Ol .2025 issued by 3'd respondent is set aside and this Writ Petition is disposed of <iirecting 3'd respondent to obtain Structural Stability Report 1i'om .INTU in respect of the subject I property by addressing a letter. On receipt of letter from 3.d respondent, the authorities ol' JNTU shall submit Structural Stability Reporl to 3''l respondent. Further, before issuing Structural Stability Report, JNTU authorities shall put petitioner and 4tr' respondent on notice and afford them an 4 KI. J W.P.No.3539 of 2O25 oppoftunity of hearing. However, if the subject property is in dilapidated condition, 3'd respondent shall take action strictly in accordance with law by putting petitioner and 4'h respondent on notice and affording them an \, opporlunity of personal hearing.'3"r respondent STrall complete the said exercise within a period of eight (8) weeks from the date of receipt of copy of this order. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed. //TRUE COPY// ASSISTANT REGI SD/. N. SR ARI RAR / SECTION FFICER To

3. 4 E

6. 7. PSK. m \ The Prl. Secretary, Municipal Administration and CAD Department, Secretariat, Hyderabad, State of Telangana Greater Hyderabad Municipal Corporation, Rep by its Commissioner Tank Bund, Hyderabad The Deputy Commissioner, Greater Hyderabad Municipal Corporation Circle No. 14, Goshamahal Circle, KBZ, Hyderabad One CC to SRI DINESH JAISWAL, Advocate [OPUC] Two CCs to GP FOR MCPL ADMN & URBAN DEV, High Court for the State of Telangana, at Hyderabad. [OUTI One CC to SRI MIDDE ARUN KUMAR, SC FOR GHMC [OPUC] Two CD Copies I I I HIGH COURT DATED:21 10212025 ORDER WP.No.3539 of 2025 CC TODAY HE S 14 ri-- vl,.' J :) 25 rEB zffi ( C'; + DISPOSING OF THE WRIT PETITION WITHOUT COSTS \o I I l t