Telangana High Court
WP/28979/2012 of J.Madhusudan Rao Vs G.H.M.C. on 31 December 2021
THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEIVIBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER wRlT PETITION NO: 28979 OF 2012 Between: J.Madhusudan Rao, S/o J.Prakash Rao, Aged about 57 F|/o.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD(Special Original Jurisdiction)
FRIDAY, THE THIRTY FIRST DAY OF DECEIVIBERTWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER
wRlT PETITION NO: 28979 OF 2012
Between:
J.Madhusudan Rao, S/o J.Prakash Rao, Aged about 57F|/o. H.No.2-5-13, Ram Nagar, Hanamkonda, Warangal District.
years, Occ: Business,,.,PETITIONER
AND
'1 . G.H.M.C., represented by its Commissioner Lower Tankbund, Hyderabad
2. Dy. Commissioner Circle No.11, GHMC, Serilingampally [t4andal, R.R. District.
...RESPONDENTS
Petition under Article 226 of lhe Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may be pleasedto rssue a Writ or any appropriate Writ/s or direction more particularly in the natureof Mandamus to declare the action of the respondent in demolishing the structuresover the schedule property i.e. House Property bearing Municipal No.1-60/30/50/1 36 on plot no 50 admeasuring 120 Sq.Yds situated at Anjaiah Nagar,Gachibowli village, Serilingampally Mandal, R.R.Dist, contrary to the HMC Act asillegal, arbitrary and un-co nstitutional and consequently direct the Respondents andits official not to demolish the structure raised over the schedule property i.e. HouseProperty bearing Municipal No.1-60/30/50/1 36 on plot no.50 admeasuring 120Sq.Yds situated at Anjaiah Nagar, Gachibowli village, Serilingampally Mandal, R.R.District, A.P.
WPMP. NO: 36975 OF 2012
Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased to lssueinterim directions restraining the respondents or its agents, workmen personnel oranybody on behalf of respondent corporation not to demolish the structures raisedon the House Property bearing Municipal No.1 -60/30/50/1 36 on plot no.50admeasuring 120 Sq.Yds situated at Anjaiah Nagar, Gachibowli village,Serilingampally Mandal, R.R. District, A.P. pending disposal of the writ [petition]Counsel for the Petitioner: SRl. RAJAGOPALLAVAN TAYI
Counsel for the Respondents: SRI SAMPATH PRABHAKAR REDDY,SC FOR GHMC
The Court made the following: ORDER
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ORDER
THE HOT 'BLE DT. ]USTICE SHAMEEM AKTHER
WR IT PETITION NO.2A979 0F 20L2
This Writ P,rtition, under Article 226 of the Constitution ofIndia, is filed by the petitioner, wherein the followinE [prayer ][is]made:
"...to issue aWrit or any appropriate Writ/s or direction moreparticularly ithe nature of Mandamus to declare the action ofthe respond€rt in demolishing the structures over the scheduleproperty i.(., House Property bearing lYunicipal No.1-60/30/s0/t3i on plot N0.50 admeasuring 120 Sq. Yds. situatedat Anjaiah I\agar, Gachibowli village, Serilingampally Mandal,Ranga Redd, District, contrary to the HIvIC Act as illegal,arbitrary anI unconstitutional and consequently direct theRespon d en tsand its official not to demolish the structure raisedover the s(hedule property i.e,, House Property bearingMunicipal Nc1.-60/30150/L36 on plot No.50 admeasuring 120Sq. Yds. s:uated at Anjaiah Na9ar, Gachibowli Village,Serilingampely l"landal, Ranga Reddy District and be [pleased ]topass such otler o rder.... "
2, Heard the ?arned counsel for the petitioner, Sri SampathPrabhakar Redd' , learned Standing Counsel app3aring forrespondents and lerused the record.
3. Learned co rnsel for the petitioner would submit that thepetitioner is the a rsolute owner of the house property admeasuring120 square yard: situated at Gachibowli Village. Seri ingampallylVandal, Ranga R€ Cdy District, having purchased the same under aregistered sale deed dated 27 .01.2072 vide documentNo.930/2012. Tl e respondents issued notice dated 04.06.2012 tothe petitioner un ier Sections 452(1) and 461(1) of GHMC Actdirecting to show cause as to why action should not t)e taken toremove, alter or pull down the deviated portion/unauthorised {
construction in respect oF the subject property. Though thepetitioner submitted his explanation to the said show cause notice,the respondents are trying to demorish the structures raised overthe subject property without following due process of law.
4. It is brought to the notice of this Court by the learnedStanding Counsel for GHMC that an application dated 02.11,2015was filed by the petitioner to avail BRS scheme during subsistenceof the said scheme. A photo copy of the said application isannexed to the counter filed by the respondent corporation,
5. Under these circumstances, the respondent Corporation shallconsider the BRS apprication dated 02.11.2015 of the petitionerand dispose of the same in accordance with law. In case the BRSapplication oF the petitioner is rejected, the respondent corporationis entitled to demorish the unauthorised/iilegar structures made bythe petitioner in the subject property by following due process oflaw.
6With the above observaUon, this Writ petition is disposed of.No costs.No costs.
Miscellaneous petitions pending, if any, shall stand closed.
SD/.K.ONESIMASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,1The Commissioner, G.H.lr/,C., Lower Tankbund, Hvderabad2fh" QV, [Commissioner, ][Circte ][No.1.t ]GH[/C; SerilifigJmpafiy lVlandat, R.R.Dist3one CC to Sri Rajaqopailavan Tavi. novoCiielcjpir"c.r45Two one CD CopiesCC to Sri Samoath [prabhakai ]Reddy, SC fOn CfuVC tOpUCl6One Spare CopyCHRdaY- HIGH COURT
DATED:31 l12li 021
ORDERW.P.No.28979 of 2012
DISPOSING OI: THE WRIT PETITIONWITHOUT COSiTS
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