PIL/276/2012 of Jasveen Jairath Vs Union of India on 31 December 2012

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

MONDAY THE TWENTY FOURTH DAY OF SEPTEMBER, TWO THOUSAND AND TWELVE

:PRESENT:THE HON’BLE SRI PINAKI CHANDRA GHOSE, THE ACTING CHIEF JUSTICAND

THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKARPIL .NO:276 of 2012

Between:

Jasveen Jairath W/o Vinod Kumar Jairath

..... Petitioner

AND

1 Union of India, Represented by its Secretary, Department of Culture, New Delhi 2 Archeological Survey of India, Rep. by Director General, Janpath, New Delhi. New Delhi.

3 Superintendent Archeologist, Archeological Survey of India, Hyderabad Circle, Kendriya Sadan, Sultan Bazar, Koti, Hyderabad.

4 Collector and District Magistrate, Hyderabad District, Station Road, Nampally, Hyderabad. Hyderabad.

5 Greater Hyderabad Municipal Corporation, Rep. by its Commissioner , Tank Bund , Hyderabad .

6. Commissioner of Police, Hyderabad City, Hyderabad.

(Respondent No.6 is impleaded as per court order dated 13-08-2012 in PIL)

.....Respondents

Petition under Article 226 of the Constitution of India, praying that inthe circumstances stated in the petition and the affidavit filed herein, the HighCourt may be pleased to issue a writ or order or direction more particularly one inthe nature of Writ of Mandamus declaring the action on the part of therespondents in taking up works of excavation in Qhutub Shahi Garden/DeccaniGarden/ Bagh-e-Naya Qhila, in Golconda fort in Hyderabad and not stoppingthem even after the representations made by citizens including the petitioner isillegal and unconstitutional and consequently declare that Naya QillaBagh/Deccani Garden /Qhutub Shahi Gardens is to be preserved and restored toits pristine glory in that whole area which was existing since 16th and 17thcenturies as documented by authorities and historians after directing therespondents their agents to desist from taking up any works and cancel the worksif launched in this area declaring that no excavation works can take place here; The petition coming on for hearing, upon perusing the petition andthe affidavit filed herein and the order of the High court dated 6-08-2012 AND 13-08-2012 made herein and upon hearing the arguments of Sri K.S. Murthy,Advocate for the Petitioner and of Sri Ponnam Ashok Goud, Asst. SolicitorGeneral, for the Respondents No. 1 to 3, and of the G.P. for Revenue, for theRespondent No. 4, and of Sri R.Radhakrishna Reddy, Advocate for theRespondent No.5, the Court made the following.