Telangana High Court
WP/15808/2008 of M/s. Navrang Cafe Vs The Commissioner on 31 December 2009
Sri Justice R.Subhash Reddy Writ Petition No.15808 of_2008 Order: In this Writ Petition, the petitioner-M/s.Navrang Cafe seeks direction, by way of Mandamus, to respondent No.1 to take up demolition work for road widening purpose, after identifying the exact affected area as per the
The Hon’ble Sri Justice R.Subhash Reddy
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Order:
Writ Petition No.15808 of_2008
In this Writ Petition, the petitioner-M/s.Navrang Cafeseeks direction, by way of Mandamus, to respondent No.1to take up demolition work for road widening purpose, afteridentifying the exact affected area as per the plan to theextent of 20 feet, and not to dismantle or disturb theremaining unaffected portion of the premises bearingNos.5-1-459/8 & 5-1-459, Jambagh, Hyderabad.
It is stated in the affidavit, filed in support of the WritPetition, that the petitioner is a partnership firm and hasbeen running a restaurant since 1962 in the entire groundfloor of the premises bearing Nos.5-1-459/8 & 5-1-459,Jambagh, Hyderabad, having obtained the same on leasefrom respondent Nos.3 and 4. It is the grievance of thepetitioner that in the process of road widening programme,at the instance of respondent Nos.3 and 4, respondentNos.1 and 2 have bent upon to demolish the entirepremises in occupation of the petitioner though the affectedportion is only to the extent of 20 feet depth.
The learned Counsel for the petitioner relied on ajudgment rendered by this Court in similar circumstancesvide W.P.No.16697 of 2006, dated 14-08-2006, and submitted that without identifying the property, which isrequired for the purpose of road widening, steps are beingtaken for demolition.
Though Notice before admission was ordered on 24-07-008, no counter-affidavit has, so far, been filed onbehalf of the respondents.
It is submitted by the learned Counsel for respondentNos.1 and 2 that only that portion of the property, which isrequired for the purpose of road widening, will bedemolished without disturbing the remaining portion, whichis in possession of the petitioner as a tenant.
There is no representation on behalf of respondent Nos.3 and 4 when the matter was listed on 29[th] December,2009 and also today.
Having regard to the submissions made by thelearned Counsel for the petitioner as well as the learnedStanding Counsel for respondent Nos.1 and 2, I dispose ofthis Writ petition directing respondent Nos.1 and 2 toidentify the exact affected portion, prepare a plan to thateffect and thereafter, take steps for demolition thereofwithout disturbing the remaining portion, which is inpossession of the petitioner. It is further directed that thepetitioner shall be permitted to fix or install shutter to the remaining portion in his occupation.
Subject to the above direction, the Writ Petition isdisposed of. There shall be no order as to costs.
Date: 31[st] December, 2009lur
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R.Subhash Reddy, J