WP/6311/2009 of Sushil Kumar Agarwal, Vs Greater Hyderabad Municipal Corporation, on 30 December 2010

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

MONDAY, THE SIXTH DAY OF APRIL TWO THOUSAND AND NINE:PRESENT:

THE HON'BLE SRI JUSTICE N.V. RAMANAWRIT PETITION NO : 6311 of 2009

Between:

Sushil Kumar Agarwal, S/o. Sri Rajender Kumar Agarwal,R/o. H.NO. 22-5-484/5, Panjeshah, Agra Colony, Hyderabad.-A.P.

AND

..... PETITIONER

1. Greater Hyderabad Municipal Corporation, rep. by the Commissioner, having its Office at Tank Bund, Hyderabad.

2 Greater Hyderabad Municipal Corporation, rep. by the Assistant City Planner, Circle No.II, Sardar Mahal, Hyderabad.

3 Sri Shankarlal Agarwal S/o.Late Giridharlal R/o.H.No.5-9-22/A/11, Adarsh Nagar, Basheerbagh, Hyderabad.

4 Smt. Aruna Bai W/o.Shankarlal Agarwal

R/o.H.No.5-9-22/A/11, Adarsh Nagar, Basheerbagh, Hyderabad.

5 Smt. Swetha Agarwal D/o.Shankarlal Agarwal R/o.H.No.5-9-22/A/11, Adarsh Nagar, Basheerbagh, Hyderabad.

.....RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue a Writ, Order or Direction more particularly one in the nature of Writ ofMandamus directing the Respondent No.1 to 2 herein to take the necessary andimmediate action as per Law to prevent the illegal construction of the RespondentNo.3 to 5 herein in the property from carrying on with the further illegal constructionin property i.e., in the cellar portion of the complex known as G.S. Market Complex,in premises bearing No. 21-1-746 to 750, situated at Patel Market, RikabgunjHyderabad, and also to demolish the illegal construction which was already made inthe said property by the Respondent No.3 to 5 herein, in the interest of justice; The petition coming on for hearing, upon perusing the petition and theaffidavit filed herein and upon hearing the arguments of SRI PAWAN KUMARAGARWAL, Advocate for the Petitioner and of Sri R.Radhakrishna Reddy, S.C. forGHMC for the respondents 1 and 2, the Court made the following:

ORDER: It is the case of the petitioner that the unofficial respondents aremaking construction without the sanction plan. That already this court inW.P.No.27749 of 2008 filed against the very same respondents has by orderdated 22-12-2008 while disposing of the writ petition, directed the unofficialrespondents to maintain status quo and not to make any further construction.

Despite adjourning the matter, no instructions are reported by the respondentcounsel.

-2-

Hence, status quo obtaining as on today shall be maintained. The unofficialrespondents shall not make any further construction.

// TRUE COPY //

ASSISTANT REGISTRAR

for ASSISTANT REGISTRAR

To

1. The Commissioner, Greater Hyderabad Municipal Corporation, having itsOffice at Tank Bund, Hyderabad.Office at Tank Bund, Hyderabad.

2. 2. The Assistant City Planner,Greater Hyderabad MunicipalCorporation, Circle No.II, Sardar Mahal, Hyderabad.Corporation, Circle No.II, Sardar Mahal, Hyderabad.

3. Sri Shankarlal Agarwal S/o.Late Giridharlal R/o.H.No.5-9-22/A/11, Adarsh Nagar, Basheerbagh, Hyderabad.

4. Smt. Aruna Bai W/o.Shankarlal Agarwal R/o.H.No.5-9-22/A/11, Adarsh Nagar, Basheerbagh, Hyderabad.

5. Smt. Swetha Agarwal D/o.Shankarlal AgarwalR/o.H.No.5-9-22/A/11, Adarsh Nagar, Basheerbagh, Hyderabad.R/o.H.No.5-9-22/A/11, Adarsh Nagar, Basheerbagh, Hyderabad.

( 1 to 5 by RPAD)

6. One C.C.to Sri Pawan Kumar Agarwal Advocate. (OPUC)

7. One C.C.to Sri R. Radhakrishna Reddy Advocate. (OPUC)

8. one spare copy.

HIGH COURT

NVR.J

DATED 6-04-2009