✦ High Court of India · 16 Jun 2025

The High Court · 2025

Case Details High Court of India · 16 Jun 2025
Court
High Court of India
Decided
16 Jun 2025
Bench
Not available
Length
1,068 words

Acts & Sections

Petition under Article 226 of Ihe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to declare the action of the Respondent No.2 in attempting to demolish the structures under Construction commenced in accordance with the sanctioned plan accorded by the HI\/DA and dispossess the petitioners without passing any orders on our reply dt.1 0.06.2025 or without verifying their right over the land admeasuring Ac.2-00Gts in Survey No.236, 237 and 238 situated at Pedda Amberpet Village, Hayat Nagar Mandal (Old), Abdullapurmet Mandal (New), Ranga Reddy District., and without jurisdiction, is illegal arbitrary and violation of principles of natural justice and Articles 21 and 3004 of constitution of lndia and consequently direct the Respondent No.2 not to demolish the structures under construction commenced in accordance with the sanctioned plan accordedby the HMDA or dispossess the petitioners from their land admeasuring Ac.2-00Gts situated in Sur.'ey r 1o.1136, 237 and 23g situated at pedda l\m lerpet viflage, Hayat Nagar Manri I (Otd), Abdullapurmet [Mandal (New), Ranga Rr:ddy District. lA NO: 1 OF 2025 Petition unce r ser;tion 15'r cpc praying that in the circurrstz:nces stated in the affidavit filerl r r; trport of the petition, the High Court mav te pleased direct the Respondert rJ:.2 not to demorish the structures un.ie construction commenced in ;lcc r'rar ce with the sanctioned pran accorded by the HIMDA or dispossess the peti ir ners from their respective rand admeasr;rirg Ac.2-00Gts in Survey No 236, 2ri, :ncr 238 situated at pedda Amberpet Viilace Hayat Nagar Mandal (Old), Abi ri ap,rmet lvlandal (New), Ranga Reddy t)isrrict., pending disposal- of the abo.,: wr t petition. Counsel for the pert ti:nerr : SRI MD ARSHAD AHMED Counsel for the R.sFr,nclents No..l: Gp FOR MCpL ADMN URBI\N DEV Counsel for the Res;r,ncrents No.2 : SRI KOWTHURU PAVAN KtJMIAR, SC FOR HYDRAA The Court made the ic,llowing: ORDER l THE HONOURABLE SRIJUSTICE B. VIJAYSENREDDY WRIT PETITION No.16493 OF 2025 ORDER: (ORAL) This writ petition is filed by the petitioners seeking the following relief: "... to declare the action of the Respondent No.2 in atlempting to demolish the structures under construction commenced in accordance with the sanctioned plan accorded by the HMDA and dispossess the petitioners without passing any orders on our reply dt. 10.06.2025 or without verifuing their right over the land admeasuring Ac. 2-00 Gts in Survey No.236, 237 and 238 situated at Pedda Amberpet Village, Hayat Nagar Mandal (Old), Abdullapurmet Mandal (New), Ranga Reddy District, and without jurisdiction is illegal, arbitrary and violation of principles of natural justice and Arliclcs 21 and 300,{ of Constitution of India, and consequently direct the Respondent No.2 not to demolish the slructures under construction commenced in accordance with the sanctioned plan accordedby the HMDA or dispossess the petitioners lrom their land admeasuring Ac. 2-00 Gts in Survey No.236, 237 and 238 situated at Pedda Amberpet Village, Hayat Nagar Mandal (Old), Abdullapurmet Mandal (New), Ranga Reddy District, and to pass .. ." 2

2. Hca.rl V[r. Md. Arshad Ahmed, leamed corrnsrel for the petitione.s :n<l Mr. Kowthuru Pavan Kumar, leanre,l standing counsel f r. tlre Hyderabad Disaster Management md Asset Protection r\ rer cy (HYDRAA), appearing for respondr:nt No.?

3. leiur,'r1 standing counsel for HYDRAA, :pp:aring for responclerll Nr.2, submitted that notice No. l0(,3/COMM/ IryDR \,\ il )25 dated 05.06.2025 was issued bv rt,storrdent No.2 informing t 'e prstif l6ns15 that complaint has bee n r,:c ei. ed against them re garr 'ng illegal layout in Survey Nos.234 to 2 ]9 situated at Pedda Anr:erpet Village, Hayathnagar Mandal, I..:arLga Reddy District, a-r they were called upon to subntit doctntents for verificatiot i l title and for conducting enquiry

4. Lerr.i cl counsel for the petitioners submitted th,lt )ursuant to the nor ir:e jat,:d 05.06.2025, petitioners have subm itted their explanatior n 10.06.2025. Respondent No.2 rvithout r onsidering the exp anrr' jcn submitted by the petitioners, is rnak-ne. iLttempts to interferr: I rr dt:molish the structures constructed in th: property admeasrrrir r A,:s.2-00 guntas in Survey Nos.236, .,.3', and 23g w 3 situated at Pedda Amberpet Village, Abdullapurmet Mandal, Ranga Reddy District.

5. Learned standing counsel for respondent No.2 submitted that the explanation submitted by the petitioners wilr be duly considered, and appropriate orders will be passed, in accordance with law, by affording opportunity of hearing to them.

6. Recording the submissions of leamed standing counsel for respondent No.2, the writ petition is disposed of, directing respondent No.2 - IfYDRAA not to interfere with land of the petitioners 3dmeasuring Acs.2-00 guntas in Surwey Nos.236, 237 and 238 situated at pedda Amberpet Village, Abdullapurmet Mandal, Ranga Reddy District, without following due process of iaw. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. 'r //TRUE COPYII To, SD/-C.DEEPIKA ASS TANT REGISTRAR SECTION OFFICER 1 The Principal Secretarv Telangana, Hyderabaci. MA and UD, Secretariat Bu ngs, State Of 2 The commissioner. Hvcreraba-d Disaster Response And Asset protection Asency (HYDRAA), havins offLJ;G;d;;[;;;f, Rani Gunl, Hyderabad 3. One CC to SRt TUD.ARSHAD AHIVED, Advocate. tOpUCl 4. Two CCs to Gp FOR tVCpL ADMN URBAN DEV, High Court for the State of 5. One CC to SRt KOWTHURU PAVAN KUMAR, SC FOR HYDRAA. tOpUCI 6. Two CD Copies. Telangana. [OUT] v %*.*_=1e;,?rrr8s.%,. ' :...-:.::.. ,.. .,... { ir!ra.,r,: ' I .ir6ttt{}_ i _ :..-*_?' .*-t1t1':1-.::t tt,*. . - a.qra4- - - 'r!,r-z* .- HIGH COUR'T DATED:161A6t2025 ORDER WP.No.I6493i or'2025 C:C TODAY r;57 ArF 1 a. c ll() \c'\< 17ljN ?s6 o 'i ', 1, -a o ;/ DISPOSING OF THE WRIT PETITION WITHOUT C;OSTS 17 [r\

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