✦ High Court of India · 01 Sep 2025

The High Court · 2025

Case Details High Court of India · 01 Sep 2025
Court
High Court of India
Decided
01 Sep 2025
Bench
Not available
Length
1,127 words

The State of Telangana, Rep. by its Principal Secretary, Municipal Administration Department, Secretariat, Hyderabad. Greater Hyderabad Municipal Corporation (GHMC), Rep. by its Commissioner, Lower Tank Bund, Hyderabad. Deputy Commissioner, Greater Hyd6rabad I\/unicrpal Corporation, (GHMC), Cirble No. 8, Chandrayangutta Circle, Charminar Zone, Hyderab^ad Asst. City Pianner, Grilatel Hyderabad Municipal Corporation, (GHlt/C)' Circle No. 8, Chandrayangutta Circle, Charminar Zone, Hyderabad. The Tahsildar, Banillaguda Mandal, Office at Madina Colony, Falaknuma, Hyderabad, Telangana. S-Krishna, S/o No[Known to the Petitioner, Aged about 45 years' Occ Member of Disha Committee, R/o Uppuguda, Hyderabad ...RESpoNDENT. 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, order or Direction especially one in the Nature of writ of Mandamus declaring the action of the official respondents more particularly the official respondents 3 and 5 herein in threatening to demolish the room and boundary wall in respect of the property bearing Municipal No.'l 8-1 3-717618/1 admeasuring about 55 square yards, situated at lndira Nagar, Chand rayangutta, Hyderabad, is as illegal, arbitrary, against the principles of natural justice, violative of provisions of GHMC Act, violation of Articles 14, 15, 16 and 21 ol Constitution of lndia and consequently direct the official respondents herein more particularly the respondentg. 3 and 5 herein in not to demolish the room and boundary wall in respect of the property bearing Municipal No.18-13-71761811' ' i admeasuring about 55 square yards, situated at lndira I, agar, Chandrayangutta, Hyderabad, in the interest of justice lA NO: 1 OF 2025 Petition under Section 151 cpc praying that in the : rcumstances stated in the affidavit fired in support of the petition, the High cr u rt may be preased to direct the off iciar respondents herein more particurarry th e respondenrs 3 and 5 herein in not to demorish the room and boundary wafl in rr:spect of the property bearing Municipar No.1B-13-7176/8/1, admeasuring ab rrrt 55 square yards, situated at lndira Nagar, Chandrayangutta, Hyderabad, lending disposal of lhe main Writ Petition in the interest of justice Counsel for the petitioner: SRI M. A. MUJEEB counsel for Respondent No. 1: cp FoR MUNrclpAL ADIv il{rsrRATroN & URBAN DEVELOPMENT Counsel for Respondent Nos. 2 to 4: SRI RAPARTHI VEN(ATESH, SC FOR GHMC Counsel for Respondent No. 5: Gp FOR REVENUE Counsel for Respondent No. 6: --- The Court made the following: ORDER ,,= HONOURABLE SRIIUSTICE B. VIIAYSEN REDDY WRIT PETITION No.25845 oF 2025 ORDER:(ORAL) This writ petition is filed by the petitioner seeking to declare the action of respondents No.3 and 5 in threatening to demolish the room and boundary wall in respect of the property bearing Municipal No. lg_13_ 7/7618ll, admeasuring 55 square yards, situated at Inilira Nagar. Chandrayangutta, Hyderabad, as being illegal, arbitrary and unconstitutional.

2. Heard Mr. M.A.Mujeeb, leamed counsel for the peritioner; Mr. Rapanhi Venkatesh, leamed Standing Counsel for GHMC, appearing for respondents No.2 to 4; and perused the material on record.

3. Leamed Standing Counsel for GHMC takes preiiminary objection to the maintainability of this writ petition and submitted rhar earlier, the petitioner has filed two (2) writ petitions; wp. No.30l7 of 2025 was l'rled belore this court seeking the same relief which was disposed of by order dated 04.02-202s directing respondent No.4 herein to consider the complaint of the petitioner dated 30.01.2025 and report from the Tahasildar, Bandlaguda and take action against him strictry in accordance i 2 with the procedure laid down in the Greater Hyde'rLbaci Municipal Corporation Ac1, 1955; and W.P. No.30l9 of 2025 ras filed by the petitioner seeking to direct the revenue authorities mor.: particularly the Tahasildar, Bandlaguda Mandal, not to interfere with 'r s possession in respect of the verl' same subject property and the same vas dismissed by order dated 04.02.2025 giving tiberty to the petitione .o approach the competent civil Court for redressal of his claim

4. Leamed counsel for petitioner submitted that th s writ petition is filed on a new cause of action. The Bhagyanagar Bagt ri Sangham, who maintains the Hindu graveyard of Indira Nagar, has g ii'en a certificate stating that the petitioner has not encroached the gravey, r1 and the public road. That the Sangham neither has objection for th' property of the petitioner nor any complaint is filed either before the M uricipal Ofhce or before the Tahasildar. The petitioner owned bigger plo rnd after selling part of the plot, he has kept small property (subject pro rerty) for himself for his personal use in rvhich he is having a room with b lrndary wall

5. In view of the orders passed by this Court ir the above writ petitions, in the opinion of this Court, the petitioner ca rriot be permitted ,'.... to agitate the same grievance. It will suffice to state that the petitioner is bound by the orders passed in the aforesaid writ.petitions. 6 Accordingly, this writ petition is disposed of. However, ir is needless to state that any action to be taken by the respondent authorities against the petitioner shall be by following due process of law. There shalt be no order as ro costs. As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed. //TRUE COPY// SD/- P. PONNA KRISTINA ASSISTANT REGISTRAR G SECTION OFFICER To, 1 2 J 4 E 6 7 o

9. MBC TheCommissioner,GreaterHyderabadMunicipalCorporation(GHMC)' Lower Tank Bund, HYderabad. Commisiioner, Greater Hyderabad Municipal Corporation, il;ij"*il 1iE rilLY-ii'# Ni ;. ti: ci,;h J;rvi ng u(a ci rcle, cha rm i na r zone' Hvd e ra bad fili i;Ji#;i bitv"pij"*r, ct"it"iHvderabad Municipal corporation' reHrvio, oit'r" ffi. s' chan;;;;nsutlJ Circte, charminar Zone'. Hvderabad T r-'r{ t iid ri,-e, na r d gio, M a,io i ri om ce at M a d i n a co I o n v' F a I a k n u m a' Y"n Hvderabad, Telangana. oi,e-Cdio sri tvt AMuieeb Advocate [OPUC] - toi tn" state of Telangana..[ouT] Two CCs to Gp For n"r"nr"-,figh i;; dd; i6 cp rot rrtrlnicipil'Aoininistration & Urban Development' High Court for the State of Telanoana. [OUTj 5""'Uc'tii'stl i{ipJ't l Gniai"ii,, Sc'ro|. GHMC, Advocate (oPUC) Two CD CoPies -cburt " W l ,/ HIGH COURT DATED: 0110912025 /.,. ,,i,:.' 1+ tcr iu5 'i. -:. ii ,,. ,,/. ORDER WP.No"l25845 of 2025 DISPOSING OF THE V\IIIIT PETITION WIl I{OUT COSTS 1 \F

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