The High Court · 2025

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 or order or direction, more preferably in the nature of writ of Mandamus declaring the impugned notices dated 04-09-2014 issued by GHMC under section 459 of the GHMC Act for demolition of alleged dilapidated structures to the petitloners in respect of the 12 mulgies forming part of premises No. 1-8-74 situated in Sy. No. 391 of Budwel Village, Rajendra Nagar Mandal and Municipality, Ranga Reddy District, Hyderabad as illegal, null and void and consequently direct the respondents not to interfere with the peaceful physical possession of the petitioners in respect of their respective properties, in the interest of justice. l.A. NO: 2 OF 2014(WPMP. NO:35251 OF 2014) 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 direct the respondents herein not to interfere with the peaceful physical possession of the petitioners in respect of 12 mulgies forming part of premises No. 1-B-74 in Sy. No. 39'1 of Budwel village, Rajendra Nagar Mandal & Municipality' Ranga Reddy District, Hyderabad, pending disposal of the writ petition, in the interest of iustice. l.A. NO: 3 OF 2014(WPMP. NO: 42030 0F 20',t41 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 appoint Advocate Commissioner to note down the physical features and the nature and state of affairs of the property in respect of the 12 mulgies forming part of premises No. '1-8-74 situated at Sy. No. 391, Budwel Village, Rajendra Nagar Mandal & Municipality, Ranga Reddy District, Hyderabad along with the latest photographs by taking the help of the Executive Engineer from JNTU, if required, in the interest of justice. l.A. NO: 1OF 2014(1'WMP. NO: 3158 0F 2014) Between: I I V_.Arjun, S/o Late Mallaiah, Aged about 55 years, Occ Business. 2 G. Sahadev, S/o. Late Mallaiah, Aged about 4i yeais, Occ Business. 3. .G. Sitaramakrishna, S/o. Late MalEiah, Aged abbut 30 years, Occ Agriculture (All are R/o. H.No. 2-12, Kismathpur, Rajendra Nagar Mandal, Ranga Reddy District). AND ...PETITIONERS/ RESPONDENTS 5TO7 Business. '1. K Narasimha, S/o. K. Pentaiah, Aged about 42 years, Occ. Business. ? Vptl Dastagir,_S/o.fakir Mohamhed, Aged akiout 55 years. Occ. Business. 3. Ch. Ramaiah, S/o. Ch. Pedda Venkataswamy, Aged 56 years, Occ. 4. G Yadagiri, S/o. Late Narsimha, Aged about 55 years, Occ. Business. 5 G Krishna, S/o. G. Mallaiah, Aged about 46 yeais. Occ. Business. 9 9yqa Moinuddin, S/o. Syed Khaja, Aged about 48 years, Occ. Business. 7. R. Ramchander, Sio_. Ldte Jangiiah,-Aged about 6b years, Occ. Business. Q p.. plas-kqr Reddy, S/o. Narayan Reddt, Aged about-36 years, Occ Business. 9. Mohd Saleem, S/o. Mohd. Yousuf, Ag6d a6out 45 years, Occ. Business. 10. Mohd. Ahmed, S/o. Mohmin, Aged abbut 70 years, bcc. ilusiness. 1'1. Mohd. Basheer, S/o. Mohd. Jahangir, Aged dbout 33 years, Occ Business, -aboui (All are_ Situated at 1-8-74, Budwel, Rajendra Nagar Village and Mandal, Ranga Reddy District, Hyderabad.) | ...RESpottDENtsl PETITIONERS-1.11 '12. State of Telangana, represented by lts Principal Secretary, Municipal Administration and Urban Development Depdrtment, Stat'e Secretiriat, Hyderabad. l3.Greater Hy{erabad Municipal Corporation, Represented by its Commissioner, Tank Bund Road, Hyderabad. '14. Greater Hyderabad Mu-nicipal Corporation, Represented by Asst. Town Planner, South Zone, Circle No. Vl, Hyderabad. '15. Gokari Jagadeesh, S/o. Late Mallaiah, Aged about 52 years, Occ Agriculture. ...RESPONDENTS/ RESPONDENTS 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 vacate the interim order dated 20-9-2014 passed in wP No. 28146 of 2014 in the interest of justice and dismiss the writ petition as devoid of merits. Counsel for the Petitioners: SRI SHARAD SANGHI Counset for the Respondent No.1: GP FOR MCPL ADMN-URBAN DEV Counsel for the Respondent Nos.2 & 3: SRI RAPARTHI VENKATESH' Sc FoR GHMC Counsel for the Respondent No.4: SRI E.MADAN MOHAN RAO Counsel for the Respondent Nos.S TO 7: SRI K.RAMAMOHAN The Court made the following: ORDER THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY VIRIT PETITION No.28146 of 2Ol4 ORDER: This writ petition is filed declaring the impugned notices dated 04.09.2014 issued by the 2.d respondent under section 459 of the GHMC Act for the demolition of the petitioners' structures comprising 12 mulgies, forming part of premises No.1-8-74, situated in Sy.No.391 of Budwel Village, Rajendra Nagar Mandal & Municipality, Ranga Reddy District, alleged to be in a dilapidated condition, as illegal, null and void.

2. Learned Counsel for the petitioners would submit that petitioners are all tenants of the subject mulgies, while so, !.'4 respondent issued notices dated 04.09.2014 for demolition of t the said mulgies on the ground that the sdme are in dilapidated condition. He further submits that the impugned notices issued by the 2"d respondent are vague and no details of the property ald boundaries are mentioned and as such, the impugned notices are liable to be said aside only on the sole ground. He also submits that the subject mulgies are being claimed by respondent Nos.4 to 7 and in fact a suit for partition in OS.No. L474/2013 is filed by them and the same is \ \ Z pending on the file of III Additional District Judge, Ralga Reddy District

3. Learned Counsel for the petitioner further submitted that Respondent No.4 who is one of the owners of subject mulgies filed counter stating that the subject structures are in good condition, which clearly demonstrates that the oflicial respondents have issued notices without arry inspection and without application of mind.

4. Learned Standing Counsel for respondents 2 and 3 on instructions would submit that pursuant to the impugned notices dated 04.09.2014, no further steps.have been taken and in fact as per his instructions, the subject structures are in habitable condition, therefore, the respondJqts are not pursuing or taking any steps consequent to the impugned notices dated 04.09.20 14.

5. In view ol the aforesaid submissions made by the learned Standing Counsel for respondents 2 and 3, the writ petition is closed. However, the official respondents are at iiberty to take steps in accordance with law, in case it is found that the subject structures are in dilapidated condition, by duly 3 foilowing the procedure contemplated under GHMC Act. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed SD/.P. PONNA KRISHNA S ANT REGIST A //TRUE COPY// S TION OFFICER velopment Principal Secretary, MuniciP al Ad ministration and Urba Department, State Secretariat, Hyderabad, State of Telangana The Commissioner, Greater HYde rabad MuniciPal CorPoration' Tank Bund ?S3ijl'flirt"'Birnn"r, creater Hvderabad Municipal corporation' south '?ffi"sE]:;.!i'gp5t""l1}umtsixl"JS,|1",Jn"o,nrortheStateor l* ra t :Sll'lifi $i'- JB'# ry nno,,ro.pssr, ro 5#;d i; Siii K RAMAMoHAN, Advocate-[9199]^, ffi E6 i; Siii iiAFARiHiVANKAiE-sH' sb FoR'GHMC [oPUCl Two CD Copies p u cl r To 1 2 3 4 E tJ 7 8 I PSK. BS HIGH COURT DATED:2810812025 ORDER WP.No.28146 of 2014 /, -.--::==:1'\- .' 1 i, *t .'": r 4i^-'\:... - c)' " 'i' 2 4 str' 2U5 i, + D5 Si.,r I \-j: ,,1,/ CLOSING OF THE WRIT PETITION WITHOUT COSTS I \\ x6 q