The High Court · 2025

3. The lndustrial Consultancy Services, J.N. T.U. Hyderabad College of Engineering, Rep. by its iniet-Coordinitor, xukalpJrri, nvoeiioZo.- 4. Sri Gopal Das_Bhagwandas, S/o.Late Sri B_ Girdar Das, aged 54 years, Occupation Advocate, F/o. 4-3-339, Giriraj Lane, Bank St6et, Hyilerabad. 5. Mr. Mohammed ldiris, H./No.12-2-3919 aged about SO years, Orc Business MIGH Colony, Mehdipatnam, Hyderabad. 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 in the nature of writ of Mandamus declaring the .....RESPONDENTS action of the 2nd Respondent in issuing Notice !o.302,303,306 and 3O7l4l lDilapfi PS/C8/GHMC/2014 dated 03.O1 .2O14 o, ntrary to order in W.P.M.P.No.29920 of 2013 in W.P.No.2431 2 of 2013 on lre file of the Hon'ble High of Andhra Pradesh which is pending and without c rnsidering the report submitted by 3rd Respondent 14.08.2013 as arbitrary, ill: ;al, discriminative, in violation of principles of natural justice, violative of tf ( Fundamental Right guaranteed under Articles 14 and the Constitutional RiS tt guaranteed under Article 300-4 and contrary to the provision of HMC Act. |.A.NO:1 OF 2023 Between: 1 Sri Ashok Babani, S/o. Sri Bhagwandas Bat. ni, aged 63 years, Occupation Business, Rio. Flat No.302, Air Bus .A >artments, Vittalwadi, Hyderabad rep. by his GPA, Sri Mohandas Babanr Sri Mohandas Babani, S/o. Sri Bhagwandas Bztani, aged 69 years, Occupation Business, Sri Vikaram Babani, S/o. Sri Mohandas Baba ti, aged 39 years, Occupation Business, 3 2

4. Sri Sanjay Babani, S/o.Ashok Babani, Occ: Busines;, Fl,/o.Flat No.302 Air Bus Apartment, Vittalwadi, Hyderabad. ,....PETITIo,IERS/PETITIONERS .....PR(),OSED PETITIONER AND 1 2 3 The Greater Hyderabad Municipal Corporation, r -' r. by its Commissioner, having its office at Tank Bund, Bzr heerbagh, Hyderabad. The Greater Hyderabad Municipal Corporation, n> ,. by its Town Planning officer, Town Planning Section, Central Z one, Circle -8, having its office at Tank Bund, Hyderabad. The lndustrial Consultancy Services, J.N. T.U. H),r erabad College of Engineering, Rep. by its Chief-Coordinator, Kuka I ally, Hyderabad. Sri Gopal Das Bhagwandas, S/o.Late Sri B. Gird:u Das, aged 54 years, Occupation Advocate, Ryo. 4-3-339, Giriraj Lane, t ank Street, Hyderabad. 5 Mr. IVohammed ldiris, H./No.12-2-3919 aged aboul 50 years, Occ Business MIGH Colony, Mehdipatnam, Hyderabac .....RESPONDE ! IS/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 to bring on record the proposed party petitioner no.4 as petitioner no.4 being regar heir of deceased petitioner no.1 . l.A.NO:1 OF 2014 (WPMP.NO:.772 oF 20141 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 preased to direct the respondents 'r and 2 not to demorish the shop bearing Municipar No.4- 4- 3o2 and 306 admeasuring 585 sft. equaring 79 Sq.yds situated at Bank street, Hyderabad. I.A.NO:2 OF 201 4(WPMP. NO:2894 OF 2O141 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 preased to modify the status quo order dated 9.1 .2014 passed in w.p. No. 703 ot 2014 by granting permission to the Petitioner to effect reparis to the structures as minor damage has been done to the premises bearing No. 4-4_302 and 306 admeasuring 585 sft. situate at Bank Street, Hyderabad by the Municipal Authorities, to enable the petitioner to continue his business in the said premises. I.A.NO: 't OF 2O2o Between: Mr Mohammed ldiris, H./No.12-2-3919 aged about 50 years, Occ Business MIGH Colony, Mehdipatnam, Hyderabad. .....PETlTlONER/RESPONDENT No.s AND Sri Ashok Babani, S/o. Sri Bhagwandas Babani, aged 63 years, Occupation Business, Rio. Flat No.302, Air Bus Apartm jnts, VittaiwiOi, Hyderabad. rep. by his GPA, Sri Mohandas Babarii. irl Molr.?ndls Babani, S/o. Sri Bhagwandas Babani, aged 69 years, uccupauon Bustness. 2

3. Sri Vikaram Babani, S/o Occupation Business, Sri Mohandas Bat lni, aged 39 years,

4. The Greater Hyderabad Municipal Corporation, , ( o. bv its uommtsstoner. havino its office at Tank Bund. Ba ;he5rbagh, Hyderabad. .....RESPONI ENTS/PETITIONERS

5. The Greater Hyderabad Municipal Corporation. rr :. bv its Town Plannins officer, Town elanningiSeitijn, C;;i;, . o#. cirde _e, having its office at Tank Bund, 6 IE,[1r-,.]r.:rt_99":rltl"Z gervices, J.N. T.U. Hy lerabad Coilese of rngtneerrng, Rep. by its Chief_Coordinator, Kuki i rally, Hyderabid. 7. Sri Gopal Das Bhagwandas, S/o.Llrte^Sri B. Girda Das, aged 54 years, -HyderaOdO. - - occuparion Advoca-te, nyo. 4-g_3a9, birioJ r_J.iJ Hyderabad lin'i<-btEei, .....RESPONDE I TS/RESPONDENTS Petition Under Section 151 CpC praying that in the ci-r u6s1"n"". stated in the affidavit fired in support of the petition, the High court may be preased to vacate interim stay order dated: 0610212014 in w.p.M.p |o. r72 of 2014 in w.P.No. 7o3 of 2014 which was further extended on 14ro2t2)14 and 14r03r2o14 in the interest of lustice. Counsel for the Petitioners : Ms YOGITA PRAKASH, ADVO( ATE FOR SRI M.PAPA REDDY Counsel for the Respondent Nos.1 & 2 : SRI M.ARUN KUM,I t Counsel for the Respondent Nos.3 & 4 : - Counsel forthe Respondent No.5 : SRI AVADESH NARAYLI SANGHI The Court made the following ORDER I I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HON'BLE SRI IUSTICE SUDDALA CHALAPATHI RAO WRIT PETITIONN0.703 0F 2014 DATE: 12.12.2025 Between: Sri Ashok Babani and two others. And The Greater Hyderabad Municipat Corporation, Rep.by its Commissioner, Tank Bund, Hyderabad ancl four others. . . .. Petitioners .... Ile'spondents ORDER: Heard. Ms. Yogita prakash, leamed counsel represenling Mr. M.Papa Rcdcly, lcarned counsel for petitioners, Mr. M.Arun Kumar, learned Standing Counsel for the respondent Nos.1 and 2 and Mr.Avadesh Narayan Sanghi, learned counsel for respondent No.5. 2' The instant writ petition is fited chalrenging the a*ion of the 2"d respondent in issuing notice No.302, 306 e 307/a/a/Dlap/ TPS/C8lGHMC/2014 under Sections 456 of rhe GHMC Act, 1955.

3. When the matter is taken up for hearing, learned counsel for petitioners would submit that the owner i.e., unofficial respondent No'4, has cleliberately coilapsed the roof of the demised premises. L- t I -r t - 2 However, ln the counter-af f iclavit lilcd by the li sponder-rt Nos.1 and 2, it is stated that the respondent Nos.1 and 2 . rave demolished the roof of demised premises, where the petitioners rre running their shop and the learncd counsel appearing for the 1r :titioners would also submit that only the premises bearing Nos.4-2.02 and 303 have beerr demolished, while the premises bearing \r s.4_2_306 & 307 remain intact. However, in view of demolition t1r. roof of demised premises, the notice issued under Section 456 of I IINIC Act, 1955 gets frustrated and the pL.titioners have to in. rke appropriate jurisdictio. of the Court for redrcssal of their gri ,vances ancl the cause in the writ petition does not survive ir rd has become infrucfuo us.

4. Accordingly, the Writ Petition is dismisscd as nfructuous. The petitioners ar-rd the unofficial rcspondent are at li: :rty to ventilate their grievanccs before the appropriate Court of lan.

5. There shall be no order as to costs. pendi I 1 miscellaneous applications if any shall stand closed. //TRUE COPY// SD/.S. !T \LLIKARJUNA RAO ASSiI STANT REGISTRAR SECTION OFFICER To 1 . One CC to SRI B.V.V.S.MURTHY, Advocate [OPUC] 2. One CC to SRI M.ARUN KUMAR, Advocate IOPUC] \/ l 1 7 SA BS \

3. One CC to SRI AVADESH NARAYAN SANGHI, Advocate [OPUC] 4. Two CD CoPies I I , I HIGH COURT DATED:1211212025 ORDER WP.No.703 of 2014 /;. r \ ,r( --.\i .(-: :(./ \i) ''.'i 1,.'''r'l \. - '- :'- +\\ *l {_- '; ,r.',/ DISMISSING THE W.P AS INFRUCTUOUS WITHOUT COSTS. I V \J-