Telangana High Court

WP/25043/2004 of Shri Khaja Azizuddin, Vs The Union of India, Rep. by its Secretary, on 30 December 2004

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HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 25043 of 2004 Between: Shri Khaja Azizuddin, S/o. Late Khaja Aleemuddin, R/o. H.No.

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE N.V. RAMANAWRIT PETITION NO : 25043 of 2004

Between:

Shri Khaja Azizuddin, S/o. Late Khaja Aleemuddin, R/o. H.No. 5-6-419, Yousufain Dargha, Nampally, Hyderabad.

AND

..... PETITIONER

1 The Union of India, Rep. by its Secretary, Ministry of Defence, New Delhi.2 Station Commander Estate Officer under Central Act, No.40 of 1947, HeadQuarters Andhra Sub-area, Tirumalgiri, Secunderabad.

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue an order or direction particularly one in the nature of WRIT OF CERTIORARIcalling for the records connected to the impugned proceedings CaseNo.3995/1/JAKI/A/Q3L/2003 dt. 09-10-2004 passed by the 2nd respondent andconequential notice in Form-B dt. 01-11-2004, quash the same as ilelgal, arbitrary,unsustainable in law and contrary to the provisions of public premises eviction ofunauthorized occupants Act,1971.

Counsel for the Petitioner: MR.P.SRINIVASULU

Counsel for the Respondents: MR.ARAJASHEKAR REDDY (SC FOR CG)

The Court at the stage of admission made the following :

THE HONOURABLE SRI JUSTICE N.V.RAMANAWRIT PETITION NO.25043 OF 2004

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ORDER:

Heard the learned counsel for the petitioner as well as the learned StandingCounsel appearing on behalf of the respondents and with their consent the writpetition is disposed of at the admission stage.

It is submitted by the learned Standing Counsel for the respondents that as againstthe impugned order passed by the second respondent, the petitioner has analternative remedy provided under Section 9 of the Public Premises (Eviction ofunauthorized Occupants) Act, 1971, before the Chief Judge, City Civil Court,Hyderabad.

If that be so, I deem it appropriate to dispose of the writ petition with the followingdirection.

The petitioner is directed to avail the remedy as provided under Section 9 of the Actagainst the impugned order, before the Chief Judge, City Civil Court, Hyderabadwithin a period of four weeks from today and on such filing, the Chief Judge, CityCivil Court is directed to consider the matter and dispose of the same expeditiously,in accordance with law. Till then status quo obtaining as on today shall bemaintained by the parties.

The writ petition is accordingly disposed of. No costs.

Note:

Issue operative portion by wire.

B/o.

Ksr/mdaa.

Copy to:

1 The Union of India, Rep. by its Secretary, Ministry of Defence, New Delhi.

2 Station Commander Estate Officer under Central Act, No.40 of 1947, Head Quarters Andhra Sub-area, Tirumalgiri, Secunderabad.

3. Two C.D.copies.

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