✦ High Court of India · 08 Dec 2025

fi,4ohammed Basheer v. 1 . State of Telangana

Case Details High Court of India · 08 Dec 2025
Court
High Court of India
Decided
08 Dec 2025
Bench
Not available
Length
1,210 words

Petition Under Article 226 ol 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, order or orders more particularly one rn the nature writ of l\,4andamus directing the respondents to remove / demolish the Petitioners House bearing munrcipal No.21-4-20711, 21-4-20712, 21-4-20713, srtuated at Gulab Singh Bowli, Hussaini Alam, Hyderabad which is in dangerous / dilapidated condition and likely to collapse at any moment causing danger to the inmates, surrounding buildings and public passing through the road / lane etc. by strictly foilowing the Notice No /DILAP/ACP/TPS/C09/CHZ,G i|MC/2025, dated 30.10.2025 issued by the 3rd respondent and also direct thr: respondent Nos.6 to g to provide police protection to the GHMC for demolitilr of the dilapidated structure of the petitioner in the lnlerest of justice' r.A.NO: 10F 2025 petition Under Sectron 151 CPC praying that in the c 'cumstances stated in the affidavit filed in support of the petrtion, the High Cou 1 may be pleased to direct the respondent Nos.6 to 8 to provide police protec ic,n to the GHMC for demolition of the p(rtitioner's House bearing municipal No.2' ''\-20711,21-4-20712, 21-4-ZO7l3. situated at Gulab Singh Bowli, Hussaini Alam, llvderabad which is in dangerous / d ilapidated conditron' l.A.NO:2 oF 2025 petition Under Section 151 CPC praying that in the ci-cumstances stated in the affidavit frled in support of the petition, the High Cou 1 may be pleased to direct the respondent Nos.2 to 5 to undertake demolition of :he petitioner'S House bearing municipal No.21- 4-20711, 21-4-20712, 21-4-207t3 situated at Gulab Singh Bowli, Hussainr Alam, Hyderabad which is in dartgerous / dilapidated condition. Counsel for the Petitioner : SRI MOHAMMED HABEEBUDttII'l Counsel for the Respondent No'1 : GP FOR MCPL ADMN ltl'lD URBAN DEVELOPMENT counsel for the Respondent Nos.2 to 5 : SRI RAPARTHI VI:i'IKATESH, SC FOR GHMC Counsel for the Respondent Nos'6 to 8 : AG'P FOR HOME The Court made the following ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HONOURABLE SRI IUSTICE B. VIIAYSEN REDDY WRIT PETITION No.37123 OF 2025 DATE OF ORDER: 03.12.2025 Between: Mohammed Basheer AND Petitioner The State of 'lelangana Represented by its Principal Secretary MA & UD, Secretariat, Hydcrabad and seven others ...Respondents ORDER: (oRAr-) 'I'his rvrit petition IS filed by the pelitioner seeking to direct the rcspondent authorities to rcmovc/dcmolish the property bcaring Municipal Nos.21-4-207ll . 2l-4-20712 antl 2l-4-20713. situated at Gulab Singh Borvli. Hussaini Alam, I{yderabad, which is in dilapidated condition in pursuance of the notice dated 30.10.2025 issued by respondent No.3.

2. Heard Mr. Mohammed Habeebuddin, leamed counsel fbr the pctitioner; Mr. Raparthi Venkatesh. lcarncd Standing Counsel for GHMC, appearing lor respondcnts No.2 to 5: learned Assistant Ciovemment Pleader lor Home. appearing fbr respondents No.6 to 8; and pcrused the material on record.

3. Thc petitioner claims to be the absolute owner and possessor of the -21-4-20'7 /2 and 2l-4-20713, propcrty bearing Municipal Nos.2l -4-207 /1,- ,- x ) - admeasuring 405.50 square yards, situated at Gulab Sinl:h Borvli, Flussaini Alam, Hyderabad, having purchased thc same under two s,iparatc registcred sale deeds bearing document Nos.l788 of 2025 dated 23.0').)025 and 1920 of 2025 dated 29.01 .2025. It is subrnitted that at present, the subject propcrty is in dilapidated condition. 'l'hat proceedings havc been init'arcd b1- respondent No.3 under Section 459 of the Grcatcr Hydcrabad Municiprl Corporation Act, 1955 (for short 'GIIMC Act') and noticc dated 30.1().t1025 was issued requesting the orvners/occupies of the sub.ject property to ,,acate the premises rvithin a period of seven (7) days. -l he petitioner subnitted reply dated

01.11.2025 rcqucsting respondent No.3 to dernolish the di aridatcd structures as they are too old and not suitable lor living. Thereafter. respondent No.3 issued letter No.207/2/DC/C91CRZ1GHMC2025 date] 25.1 I 2025 to respondent No.6 rcquesting to provide Police protcction ()n 29. I I.2025 at

10.30 a.m. lor dcmolition ol the dilapidated structures in tlLe sub-ject property. However. due to political influence and lor thc reason of nrt providing Police protection. the respondcnt. authorities could not undertlke demolition on

29.11.2025. As thc action of the respondents-GHMC and l'clicc authorities is arbitrary and unconsitutional, respondents No.6 to 8 may be dirccted to provide Police protection to respondents No.2 to -5 to unde(ake c ernolition of the dilapidated structurcs in the subjcct propcrty.

4. Leamed Standing Counsel lor GHMC submitted that appropriate action will be taken pursuant to the notice dated 30.10.2025 if necessary by taking assistance of the concemed Police and the reply submitted by the petitioner dated 01. I I .2025 wilt be duly considered.

5. Recording the aloresaid submission, this writ petition is disposed of directing respondent No.8 to consider the reply/representation of the petitioner dated 01.08.2025 for extending Police aid for demolition of the structures in the subject property bearing Municipat Nos.21-4-207 /1, 2l-4-207 /2 and 2l-4- 20713, situated at Gulab Singh Borvli. Hussaini Alam, Hyderabad, pursuant to the notice dated 30.10.2025 issued by respondent No.3, within a period of three (3) days from the date of receipt of a copy of this order. There shall be no ordcr as to costs As a sequel thereto, miscellaneous applications, if any, pending in this writ petition, stand closed. //TRUE COPY// SD/. A. SRINIVASA REDDY SISTANT REGISTRAR SECTION OFFICER an Development d Urb yderabad I Corporation, Tank Bund The Principal Secretary. [/unicipal Administration 9epartment. Secretariat. State of Telangana at H The Com missioner, Greater Hyderabad"lr,ilunicipa Road, Hyderabad. The Deputy Commissioner, GHIVC, Circle No.9, Charminar, Hyderabad. The Assistant Clty planner, GHMC,-Circ-le frfo g, Chirrninar, ffyO"ruOiJ. The Executiv_e Engineer, Circte No.b9, Cnarminli2on", Cff Vr6, ffvJurrOrO The Deputy Commissioner of police, South ZonL, HvdlraOaO. The Assistant Commissioner of police, Ct arrninai Oiuiiion, Hyderabad. - The S]ation Ho_use Officer, Hussarnialam police Stal;o;, HyOeraOaA Two CCs to Gp FOR HOtr/E, High Court for tf.,re siiie oi f6fangana at Hyderabad. [OUTI Two CCs to GP FOR tVCpL ADIVN AND URBAN DEVELOpIVENT, High Court for the State of Telangana at Hvderabad. IOUTI one CC to SRt RApARTHtVENKAIESn, 5c ndn cjH[,4C, Advocare (opUC) One CC to SRt tr.4OHAt\,4t\,4ED HABEEBUDDIN. Adv;te [OpUC] Two CD Copies ; X. \r\ To 1 2 a

4. 5. 6. 7. 8 o 10 11 12 IJ SA C.C. TODAY _.1 /r7 ':. ' 1r's'' ;r) .J (-) ! kDEI T l'l Iil v -!:' HIGH COURT DATED:0311212025 ORDER WP.No.37123 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. (+ \v4 a\ @,

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