High Court · 2025

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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of f\ilandamus, to declare the action of the respondent No.3 herein in issuing the lntimation Lr.No. 61 1/TPS/ACP/C6 lCRZlcH\ACl2O24 dI. 2211112024 to the petttioner herein demanding to vacate without mentioning the pa(iculars of the premises and issuing prior notice and following the procedure contemplated under the Law, as being illegal, arbitrary, u njust,- !nco n stitutio nal and colourable exercise of powers and consequently set aside the same. lA NO: 1 OF 2024 Petition und':r Section 151 CPC praying that in the circums':ances stated in the affidavit filed in support of the petition, the High Court may be prleased to granl stay of all further proceedings pursuant to the impugned lntimation Lr.No. 611/TPS/ACP/C6/CRZiGHMCl2O24 dt. 2211112024 issuecl by the 3rd respondent herein, iending disposal of the main Writ Petition. lA NO: 1 OF 2025 Between: Mir Hoor Ali, s/o Late Mir Saber Ali, aged 48 years, occ- Business, r/o H.No. 22-1-611 Noor Khan Bazar, Hyderabad. ...RESPONDENTS No, 4/ PETITIONER '1 . l\,4isbahuddin Ahmed, s/o tt/ohiuddin Ahmed, Aged about 60 years, occ- Lecturer, r/o H.No. 22-3-904, Darulshifa, Hyderabad. ...PETITIONER/RESPONDENT AND

2. The. State of Telangana, rep. by its Principal Secretary, lVunic pal Administration and Urban Development Department, Secretar at, Hyderabad 3. Greater Hyd,:rabad [t4unicipal Corporation, Rep. by its Commissioner, Tank Bund Hyderabad

4. The Deputy rlommissioner, GHMC, Circle No.6, Malakpet, Hyderabad. ...RESPON DENTS/RESPONDENTS Petition und er Sectron 1 5'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the order passed in lA. No. 1 of 2024 in W.P. No. 34266 o'f 2O24, daled 05-12-2024, and dismiss the writ petition. Counsel for the Petitioner: SRI M.LAYEEQ KHAN Counsel for the Respondent No.1: GP FOR MCPL ADMN & URBAN DEV Counsel for the Respondent Nos.2 & 3: SRI RAPARTHI VENKATESH, SC FOR Counsel for the Respondent No.4: SRI SYED JAWEED ABBAS NADEEM GHMC The Court made the following: ORDER THE HON'BLE SRI JUSTICE K. LAKSIIMAN WRIT PETITION No. 34266 of 2024 ORDER: Heard Sri M. Layeeq Khan, learned counsel for petitioner and Sri Raparlhi Venkatesh, learned Standing Counsel appearing for respondent Nos.2 and 3 and Sri Syed Jaweed Abbas Nadeem, learned counsel appearing for responder-rt No.4.

2. Petitioner and his wif'e are claiming that they are the absolute owners and possessors of house bearing H.No.22-1-608/B, admeasuring 84.00 Sq.yards situated at A.R.P. House, Noor Khan Bazar, Hyderabad, on the slrength of a registercd sale deed bearing document No.839 of 2003 dated 26.01 .2003 . Respondent No.4 is his neighbour. Respondent No.4 is insisting the petitioner and his wife to dispose of the said property for a meagre amount .fdi which they have not accepted. Therefore, respondent No.4 has submitted representations dated 0l .06.2023, 07.08.2023 and

08.08.2023 to respondent Nos.2 and 3 stating that the subject property is in dilapidated condition and no one is staying in it z KI-, J $ P \r, i+266 ot2024 and requested to dernolish tlie subject property. The sarne were not considered. Therefore, he has filed Writ Petition No.24413 of 2023. I/ide order dated 29.10.2024, this Court disposed of the said Writ Petition directlng respondent Nos.3 to ji therein to considr:r' the aforesaid representations subr.nil.ted by respondent No.4 and also notice dated 29.09.2()23 of r\ssistant City Planner, Circle 6, Greater Hyderabad Municipal Corporation. Charminar Zone, Hyderabad, and tak,.: action including rlernolition of l.touse which is beside the house of respondent No.4, strictly in accordance with tlre proccrlure laid down under the provisions of Greater Hyderabad Municipal Corporation Act, 1955 (for short'the Act'). as expedit;ously as possible, preflerably, within four (4) weeks from thc date of receipt ol'cropy of thc said order.

3. Pursuant to the aforesaid order of this Court dated

29.10.2024., respondent No.3 has issued intimatir:n vlde Lr.No. 6 1 1, TP S/ACP/C 6 I CRZ I GHliIC I 2024 dttred 22. I I .2024 to petitioner directing hirn to vacate the subject propefty. Challenging the said intimation, petitioner filed the present Writ Petition contending that respondent No.4 has obtained the .f 3 KL, J W.P.No 34266 of 2024 said order dated 29.10.2024 without making petitioner as party to the said Writ Petition. However, subject property is not in dilapidated condition as alleged by respondent No.4 and it is in habitable condition.

4. Admittedly, petitioner herein IS not a pafty to Writ Petition No.24413 of 2023. Petitioner and his wife are claiming that they are the owners and possessors of the subject property basing on the aforesaid registered sale deed dated

26.01 .2003. According to thc pctitioner and his wife, the subject propefty is not in dilapidated condition and it is in habitable condition. In the said Writ Petition, respondent No.4 herein contended that nobody is staying in the subject house and nobody is clairning ownership on it and it is in dilapidated condition. Therefore, the said contention of respondent No.4 is factually incorrect. However, the Assistant City Planner, Circle 6, Greater Hyderabad Municipal Corporation (GHMC), Charminar, Hyderabad, issued notice dated 29.09.2023 to the petitioner, and it is for him to consider the said aspect. I I I 4 KL. J rv P N( .1266 ol 2024 n'

5. At this stage, learned counsel for petitio rer, on instructions;, rvould subrnit that petitioner has trt.:t recelved the said noticcr daled 29.09.2023 issued by tht: Assistrrnt City Planner, Circle 6, Charminar Zone, Hyderabad.

6. Learnecl Standing Counsel appearing fbr respondent Corporation has produced a copy of letter dt{ed 30.12.2024 addressed by the Chief Coordinator', ICS, JNITUIIUIJESTH/ CIVIL/CT LAB/to the Deputy City Planuer, Crrcle 6, Malakpel C.R.Z., GHMC, Hyderabad, stating that he has received lelter datcd 12.12.2024 from GHMC rvith a lt:quest to issue stabilitv cerlificate. Therefore. the tcarn of Profcssors rvill inspecl the properly adjacent to the housc bearing No.22-l-6ll situated at Noor Khan Bazar, Ilyderabad, on

03.01.2025 at l1:00 a.m. Learned Standing Counsel appeariug fbr respondent Corporation, on instructious, wtluld submit that the tearn ol Professors has not inspected the srte. The tcam of Profcssors shall put the petitioner and respondent \o.4 on notice while inspecting the subject propefty with regzrrd to its stabilitv. I I l l l L i 5 1<L, J w.P.No 34266 ot 2024

7. In the light of aforesaid discussion, intimation bearing Lr.No. 6 I 1 /TPS/ACPiC 6 I CRZI GHMC I 2024 dated 22. I | .2024 issued by respondent No.3 to petitioner is hereby set aside and this Writ Petition is disposed of directing the authority concerned of respondent Corporation to consider the representations dated 01.06.2023, 07 .08.2023 and 08.08.2023 submitted by respondent No.4, obtain the stability cerlificate in respect of thc subjcct propcrty pursuant to letter dal.ed

30.12.2024. If the subject property is in dilapidated condition, he shall take action strictly in accordance with thc proceclure laid down under the Act by putting the petitioner and respondent No.4 on notice and affording them an opportunity of hearing. However, he shall complete the said action 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, shdll stand closed. //TRUE COPY// SD/. T. JAYASREE ANT REGISTRAR A S CTION OFFICER To

1. The Principal Secretary, Municipal Administration and Urban Development ' O""prttr"it, Secretariat, Hyderbbad' State of Telangana c6eb Hyderabao.

2. The Commissioner, Greater Hyderabad Municipal Corporatior-. Tank Bund 3 The D_if uty ,lommissioner, GHMC, Circle No.6, Ir,4alakpet, HyJerabad, 4. One CC to SRI M.LAYEEQ KHAN, Advocate [OPUC] 5. One CC to SRI RAPARTHI VENKATESH, SCFOR GHMC [O:)UC] 6. One CC to SRI SYED JAWEE_D ABBAS NADEEM, Advocat-e fOpLjCl 7. Two CCs to GP FOR IVCPL ADMN & URBAN DEV, High Couit for th'e State 8. Two CD Copies of Telanganei, at Hyderabad. [OUT] PSK CJP HIGH COURT DATED:2710112025 ORDER WP.No.34266 of 2024 I I ( gTHEg 14 l J2 .\r\l frAi (u/t r ^ 1^p,:t'\ { - ( {'- r c DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\