Telangana High Court

WP/8810/2001 of Kasuara Begum, Vs Municipal Corporation of Hyderabad, on 27 December 2007

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF DECEMBER TWO THOUSAND AND SEVEN PRESENT THE HON'BLE SRI JUSTICE C.Y.SOMAYAJULU WRIT PETITION No.8810 OF 2001 Between: Kausara Begum and others. .... PETITIONERS AND Municipal

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)

THURSDAY, THE TWENTY SEVENTH DAY OF DECEMBERTWO THOUSAND AND SEVEN

PRESENT

THE HON'BLE SRI JUSTICE C.Y.SOMAYAJULU

WRIT PETITION No.8810 OF 2001

Between:

Kausara Begum and others.

AND

.... PETITIONERS

Municipal Corporation of Hyderabad,Rep. by its Commissioner, Tank Bund,Hdyerabad, and another.

....RESPONDENTS

THE HON'BLE SRI JUSTICEC.Y.SOMAYAJULU

WRIT PETITION NO.8810 OF 2001O R D E R

Alleging that the respondents are high-handedly trying toremove the structures constructed by them in 5983.5 square yardsforming part of H.Nos.9-3-125/289, 9-3-125/287, 9-3-125/287, 9-3-125/291, 9-3-125/288 and 9-3-125/287 respectively at Shatamnagar, Near Mohammadi Lines,Tolichowki, Hyderabad, the petitioners filed this petition seeking adirection to the respondents not to demolish their structures.

A learned Judge of this Court while admitting the writpetition, granted direction to the respondents not to dismantle thehouses of the petitioners or any portion thereof till further ordersvide orders dated 27.04.2001 in WPMP No.11194 of 2001. Therespondents did not file counter in the writ petition till today,though the writ petition was filed in the year 2001.

After having heard the learned counsel for the petitionersand the learned Standing Counsel for respondents, since there isnothing on record to show that the respondents gave any notice ofdemolition of the structures of the petitioners on the ground thatthe structures raised by them are an encroachment or in violation of the Building Rules, I am disposing of this petition with adirection to the respondents not to demolish the structuresbelonging to the petitioners without following the due process oflaw. No order as to costs.

27[th] DECEMBER, 2007PGS

------------------------------------JUSTICE C.Y.SOMAYAJULU

THE HONOURABLE SRI JUSTICEC.Y.SOMAYAJULU

W.P.NO.8810 OF 2001

27[TH] DECEMBER, 2007

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