T Sushanth, Occ Student v. 1. The Government of A.P

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, more particularly one in nature of Writ IVIANDAIUUS declaring the Auction Notification No. OP/AUCTION/HD/EE(S/201 1 dated 26.5.2012 in so far as item number 19 is concerned and the impugned L.No. 834/ F2ILIGIOPIBLP/E4IEE(S) 12O12 daled 04.04.2012 on the file of 3rd Respondent and set aside the same as bad in law and issued under colourable exercise of power, and consequently direct the Respondents to allot the stray piece at serial number 19 of Auction Notification No. OP/AUCTION/HD/EE(Sy201 1 dated 26.5.2012 on the file of 3rd Respondent at the prevailing market value in view of G.O.Ms.No.6 Housing (H13-ll) Department dated 29.3.201 1 and on par with proceedings of 5'16th Ordinary A.P.Housing Board meeting held on 2.9.2010, in the lnterest of Justice. |.A.NO:1 OF 2012 (WPMP.NO:21581 OF 20121 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 lo restrain the Respondents from demolishing the residential house constructed in stray piece adlacent to LIG Block No.34/F1 & 2 Bagh Lingampally, Hyderabad item number '19 in Auction Notification No. covered by OP/AUCTION/HD/EE(Sy2011 daled 26.5.2012 on the file of 3rd Respondent, in the interest of Justice, Pending Disposal of the writ petition. |.A.NO:2 OF 2012 (WPMP.NO:21582OF 2012\ 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 suspend the Auction of item number 19 Auction Notification No. OP/AUCTION/HD/EE(Sy2011 dated 26.5.2012 on the file of 3rd Respondent pertaining to stray piece adjacent to LIG Block No.34/F1 & 2 Bagh Lingampally, Hyderabad, in the interest of Justice, pending disposal of the writ petition. |.A.NO:3 OF 2012(W PMP. NO:22909OF 20121 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 appoint Advocate Commissioner for taking measurements of Sl No. 19 of Auction Notification No OP/AUCTION/HD/EE(Sy2O11 dated 26.5.2012 on the file of 3rd Respondent pertaining to stray piece adjacent to LIG Block No. 34/Fl & 2 Bagh Llngampally, Hyderabad, in the presence of Respondents. Counsel for the Petitioner : SRI B.SUDHAKAR REDDY Counsel for the Respondent No.1 : GP FOR MUNCIPAL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3 : SRI K.VIJAYA KUMAR Counsel forthe Respondent Nos.4 & 5 : SRI C.BUCHI REDDY, SC FOR GHMC The Court made the following ORDER -..1,,:G=, r:' ,/ ,/ HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.16812 of 2OL2 ORDER: Heard Sri B. Sudhakar Reddy, learned counsel for the petitioner and Sri C. Buchi Reddy, learned Standing Counsel appearing for respondent-Corporation.

2. This Writ Petition is filed seeking the following prayer Auction "...to issue a Writ, Order or Direction more partrcularly, one in nature of Writ of MANDAMUS declaring Notifi.cation No. OP/AUCTION/HD/EE(S)/2O1 1 dated 26.5.2Or2 in so far as item number 19 is concerned and the impugned L No.B34l F2 lLlG /OP /BLP/E4IEE(S) /2012 dated O4.O4.2O72 on the fi1e of 3.a Respondent a-nd set aside the sarne as bad in law and issued under colourable exercise of power and consequently direct the Respondents to allot the stray piece at serial number 79 Auction Notificatiorr No.OP/AUCTION/HD/EE(S)/201 1 dated 26.5.2O\2 on the file of 3.a Respondent at the prevailing market value in view of G.O.Ms.No.6 Housing (HB-II) Department dated 29.3.2011 and on par with proceedings of 516th Ordinary A.P.Housing Board meeting held on 2.9.2O7O, in the Interest of Justice and pass such other order or orders."

3. Vide order, dated 07.06.2012, this Court granted interim stay of demolition of the structure and auction of the land abutting plot No.19 mentioned at Sl.No.19 of the impugned notification on condition that the petitioner shal deposit a sum of Rs.10,OO,00O/- in favour of the respondents KL,J W-P No 16812 oI20 l2 L, 2 on or before 2oth of June, 2012, another sum of Rs.10,00,0O0 f - on or before 20tt' of July 2OI2 and further surn of Rs.1O,00,O0O/- on or before 20tt' of August, 2012.

4. Both the learned counsei for the petitioner and learned Standing Counsel appearing for respondents, on instructions, would submit that the petitioner herein has deposited an amount of Rs.5,00,000/- on 19.06.20 12, Rs.8,50,000/ - on

26.O2.2022, Rs.5,OO,O00/ - on 02.05.2024, Rs.5,00,000/- on

05.03.2025 and Rs. 5,00,OO0/- on 06.03.2O25, total amount of Rs.30,0O,OOO/-.

5. Sri B.' Sudhakar Reddy, learned counsel for the petitioner, on instructions, would submit that the petitioner herein has to deposit Rs.30,00,OOO/- within the timeline mentioned in the order, dated 07.06.2012. He has not deposited the same. However, respondent could not proceed with the auction pursuant to the notice, dated 26.05.2012, in view of the stay granted by this Court in the other Writ Petition. KL,J W.P.No.16al2 of 2012 3

6. In the light of the said submission, nothing remains in the present Writ Petition to adjudicate further. Therefore, this Writ Petition is dismissed as infructuous. Liberty is granted to respondents to take action afresh and the petitioner to take I further steps in accordance with law. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending in the Writ Petitlon shall stand closed //TRUE COPY// SD/. K. AMMAJI EPUTY REGISTRAR SECTION OFFICER

1. The SecretarY, Government of A.P., Housing an 2. The Vice Chairman and Hous ing Commissioner, A.P.Housing Board, And Urban DeveloPment DePartment, Secretariat, HYderabad unicipal Administration, Gruhakalpa, NamPallY, HYderabad ' inl Eiecutlre Engineer, South Division, A P , Housing Board Gagan Vihar Nampally, HYderabad. if,e borrni."ioner, Greater Hyderabad Municipal Corporation' Tank bund' Hyderabad. f6e OLputy Commissioner, Circle 9, The Greater Hyderabad Municipal Corporation, Tank bund, HYderabad' i*d cc'. to Gp FoR MUNCIPAL ADMN AND URBAN DEVELoPr'IENT' High Court for the State of Telangana at Hyderabad- (OUT) . Orie CC to SRI B.SUDHAKAR REDDY, Advocate [OPUC] . One CC to SRI C.BUCHI REDDY, SC FOR GHMC Advocate [OPUC] . One CC to SRI K.VIJAYA KUMAR, Advocate [OPUC] 0. Two CD CoPies To ? 4 E 6 7 8 I 1 SA TJ ?r HIGH COURT DATED:1910312025 I ORDER WP.No.16812 of 2012 DISMISSING THE W.P AS INFRUCTUOUS WITHOUT COSTS. ($- ( \6