Telangana High Court
WP/36759/2021 of Mohammed Azeemul Hussain Vs The State of Telangana on 30 December 2021
THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HON,BLE DT. JUSTIGE SHAMEEM AKTHER WRIT PETITIO N NO.36759 0F 2021 Between: Mohammed Azeemul Hussain, S/o Late Mohammed Nayeemul Hussain, aged
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE THIRTIETH DAY OF DECEMBER
TWO THOUSAND AND TWENTY ONE
PRESENT
THE HON,BLE DT. JUSTIGE SHAMEEM AKTHER
WRIT PETITIO N NO.36759 0F 2021
Between:
Mohammed Azeemul Hussain, S/o Late Mohammed Nayeemul Hussain, agedabout 44 years, Occ. Asst., Professor Fl/o H.No. 1O-1-827, A.C.GuardsKhairtabad, Hyderabad
...PETITIONER
AND1TheState of Telangana, rep. by its Principal Secretary, Municipal AdministrationandUrban Development Department, Secretariat, Hyderabad1TheState of Telangana, rep. by its Principal Secretary, Municipal AdministrationandUrban Development Department, Secretariat, Hyderabad
2. Greater Hyderabad lr,4unicipal Corporation, rep. its Commissioner, office [at Tank]Bund Hyderabad.Bund Hyderabad.
3. The Assistant Town Planning Officer Circle No.12, Central [Zone, ][GHMC]Hyderabad.Hyderabad.
4. Mohammed l\rluzzamil Hussain, S/o Mohammed Ameenul Hussain, [aged ][44]years R/o H.No. 10-1-827lAto 10-1-82718, A.C.Guards, Hyderabadyears R/o H.No. 10-1-827lAto 10-1-82718, A.C.Guards, Hyderabad
5. Mohammed l\/ustafa Hussain, S/o. [N,4ohammed ]Ameenul [Hussain, ][aged ][40 years]Fl/o H. No. 1 0- 1 [-827 ][I ]A lo 1 0-1 [-827 ]lB, [A. C. ][G ]uards, [Hyderabad]Fl/o H. No. 1 0- 1 [-827 ][I ]A lo 1 0-1 [-827 ]lB, [A. C. ][G ]uards, [Hyderabad]
6. Mohammed Murtuza Hussain, S/o [l\/ohammed Ameenul Hussain, aged ][36 ][years]Fi/o H.No. 10-1-8271A to 10-1-827/8, A.C.Guards, HyderabadFi/o H.No. 10-1-8271A to 10-1-827/8, A.C.Guards, Hyderabad
...RESPONDENTS
Petition under Article 226 of lhe Constitution of [lndia ][praying ][that in ][the]circumstances stated in the affidavit [filed ][therewith, ][the ][High Court may ][be ][pleased]to issue an appropriate Writ, Order or [Direction, more particularly ][one ][in ][the ][nature]of writ of Mandamus, to declare the [inaction ][of the ][respondent authorities in ][taking]steps to demolish the illegal and [unauthorized construction ][made by ][the ][unofficial]respondents by encroaching the Passage [existing in front ][of ][his ][premises ][bearing]H.No. 10-1-827 situated at A.C.Guards, [Hyderabad, inspite ][of the written ][complaint]dt. 22112t2021 , as being [illegal, ][arbitrary, ][unjust. ][and ][unconstitutional ][and]consequently direct the respondents [to forthwith ][demolish/pull down ][the ][illegal ][and]unauthorized construction [made encroaching ][the ][Passage ][existing ][in ][the above ][said]premises.
lA NO: 1 oF 2021
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 directthe respondent authorities to forthwith take steps to stop the illegal and unauthorizedconstruction made by the unofficial respondents in front of his premises bearingH.No. 10-1-827 situated at A.c. Guards, Hyderabad, by encroaching the passage,pending disposal of the main Writ petition.
Counsel for the Petitioner: SRt VEMpATI MALLTKARJUN SHASTRY
counsel for the Respondent No.1: Gp FoR MUNlctpAL ADMtNlsrRATtoN ANDURBAN DEVELOPMENT
Counsel for the Respondent Nos.2 & 3: SRI N. ASHOK KUMAR, S.C. FOR GHMCCounsel for the Respondent Nos.4 to 6: - The Court made the following: ORDER
THE HON'BLE DT. JUSTICE SHAMEEM AKTHER
WRIT PETITION No.36759 oF 2021
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ORDER:
This Writ Petition, under Article 226 of the Constitution [of]
India, is filed seeking the following [prayer:]
"...to issue an appropriate Writ, Order or Direction, moreparticularly one in the nature of Writ of l4andamus, todeclare the inaction of the [respondent ][authorities ][in]taking steps to demolish the [illegal ][and ][unauthorized]construction made by the unofficial [respondent ][by]encroaching the Passage existing [in ][front ][of ][his ][premises]bearing H.No.10-1-827 situated at [A.C.Guards,]of the written [complaint]Hyderabad, inspite dt.22.t2.2021, as being illegal, arbitrary, [unjust ][and]u n constitution a I and consequently direct [the ][respondents]to forthwith demolish/pull down the illegal [and]unauthorlzed construction made encroaching [the]Passage existing in the above said [premises..."]
2. Heard the learned counsel for the [petitioner, ][learned]Government Pleader for [Municipal ][Administration ][and ][Urban]Development appearing for respondent [No.1, ]Sri [N.Ashok]Kumar, learned Standing Counsel for [GHMC, ][appearing ][for]respondent Nos.2 and 3 and [perused ]the [record.]
3. Learned counsel for the [petitioner would submit ][that ][the]petitioner is the absolute owner of the [premises ]bearingH.No.10-1-827, situated at A.C.Guards, [Hyderabad, ][having]acquired the same by [way ]of [registered Partition Deed ][bearing]Document No.6568/2021, dated 03'L2.202t. [The ][unofficial]respondent Nos.4 to 6, who are the [family ][Members ][of ][the]petitioner, have also got share in the said [partition. ][There ][exists]a Passage in front of the [house ]of [the ][petitioner, which ][is ][the]only way for his [ingress and ][egress. ][The ][unofficial ][respondent]i,tos.+ to 6 having obtained building [permission ][vide ][Permit]
No.3/C12l06354/2OZl, dated [30.04.2021, ][for ][construction ][of]Stilt +2 upper floors in the [premises bearing No.10-1-827/A ][to]lO-7-827/8, are making the [structures ][in ][the ][subject ][premises]illegally, by encroaching the existing [passage ][in ][front ][of ][the]house of the [petitioner/ ][which ][is ][the only way left ][to ][him. ][In ][this]connection, the [petitioner ]had filed a [written ][complaint, ][dated]22.12.202t, before respondent authorities [with ][a ][request ][to]remove the illegal and unauthorized [structures ][raised ]by [the]unofficial respondent Nos.4 to 6 [including encroachment ][of ][the]existing Passage in front of the [house ]of the [petitioner. ][Except,]receiving the said complaint, no action has been [taken ][so ][far ][and]ultimately, prayed this Court to issue a direction to [the]respondent authorities to demolish/pull down the [illegal ][and]unauthorized structures including encroachment of [existing]passage by the unofficial respondent Nos.4 to 6.
4. On the other hand, learned Standing Counsel for GHMC, oninstructions, would submit that already a notice under Section452 (1) and 467 of the Greater Hyderabad Municipal CorporationAct, 1955 was issued to the unoFficial respondent [Nos.4 ]to 6bringing violations incorporated in the complaint, dated22.t2.2021 and the respondent authorities are [proceeding]lnaccorda nce with law.
5. Since it is brought to the notice of this Court that [pursuant]to the writt'en complaint, dated 22.72.2021, filed by thepetitioner, the official respondents Nos.2 and 3 have alreadyinitiated action against the unofficial respondent Nos.4 to 6, in \\\
Dr.SA,Jw p_36759 _2021
relation to the allegations made in the Writ petition, no furtherorders are required in this Writ petition.orders are required in this Writ petition.
6With the above observations, this Writ petition is disposedof. No costs,of. No costs, Miscellaneous [petitions, ]if any, pending in this Writ petition shall stand closed.
SD/-T.JAYASREEASSISTANT REG STRA//TRUE COPY//SECTION OFFICER
To,
1. The Principal Secretary, I\rlunicipal Administration and Urban DevelopmentDepartment, State of Telangana, Secretariat, HyderabadDepartment, State of Telangana, Secretariat, Hyderabad
2. The Commissioner, Greater Hyderabad lvlunicipal Corporation, office at TankBund Hyderabad.Bund Hyderabad.
3. The Assistant Town Planning Officer Circle No.12, Central Zone, GHIvICHyderabad.Hyderabad.
4. One CC to SRI VEIVPATI IUALLIKARJUN SHASTRY, Advocate [OPUC]
5. Two CCs to GP for lt4unicipal Administration and Urban Development, High Courtfor the State of Telangana at Hyderabad. [OUT]for the State of Telangana at Hyderabad. [OUT]
6. One CC to SRI N. ASHOK KUN/AR, S.C. for GHMC (OPUC)
7. Two CD Copies.
B. One Spare Copy.
MPNPJ -.,,NPJ -.,,
HIGH COURT
DATED:3011212021
-td[c ][p ][tA][ ,q]:.((*\1)iliai31 [JAfl ][2022]t.,5*ORDERWP.No.36759 of 2021
DISPOSING OF THE WRIT PETITIONWITHOUT COSTSt