Telangana High Court
WP/26897/2006 of G. Uday Kumar, Vs Municipal Corporation of Warangal, on 27 December 2006
THE CHIEF JUSTICE AND HON’BLE SHRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.26897 of 2006 Between G.Uday Kumar ..Petitioner AND Municipal Corporation of Warangal and others ..Respondents :: JUDGMENT :: Counsel for the petitioner Sri T.Ramulu Counsel for respondents Government
HON’BLE SHRI G.S.SINGHVI, THE CHIEF JUSTICEAND
HON’BLE SHRI JUSTICE C.V.NAGARJUNA REDDY
BetweenG.Uday KumarAND
Writ Petition No.26897 of 2006
..Petitioner
Municipal Corporation of Warangal and others
..Respondents
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:: JUDGMENT ::
Counsel for the petitionerSri T.RamuluCounsel for respondentsGovernment Pleader for Home 27.12.2006
Per G.S.Singhvi, CJ.
In this petition, the petitioner has made the following substantiveprayer:
“In the circumstances stated above, I pray that thisHon’ble Court may be pleased to issue an appropriate writ,order or direction more particularly one in the nature of writ ofmandamus declaring the order dated 04.10.2006 in file No.UC/WMC/CP/G1/745/2006 and basing upon the said orderdemolishing part of the building of the petitioner as illegal,arbitrary and without jurisdiction, contrary and violation of theorder of this Hon’ble Court dated 27.09.2006 in W.P.No.20116/94 and principles of natural justice, effecting right to lifeof the petitioner and consequently pass suitable orders by wayof directions to the 1[st] respondent not to cause any harm ordamage to the remaining 18 feet rear side portion of thepetitioner’s building bearing door No. 1/483 equivalent to newNo. 1-6-96 (old) and now 1-6-247, situated at Station Road,Kazipet, by demolition or otherwise except following the order ofthis Hon’ble Court dated 27.09.2006 in W.P.No. 20116/94 andbe pleased to pass suitable order or orders directingrespondents 2 to 4 to protect the petitioner and his propertybearing No. 1/483 equivalent to new No. 1-6-96 (old) and now1-6-247, situated at Station Road, Kazipet, by giving policeprotection to the petitioner from the illegal action of the 1[st]respondent contrary to the order dated 27.09.2006 passed inW.P.No. 20116/94 and pass such other order or orders as thisHon’ble Court may deem fit and proper in the circumstances ofthe case.”
After arguing the case for some time, learned counsel for thepetitioner made a request that his client may be permitted to withdrawthe writ petition with liberty to avail remedy by filing civil suit.
The request of learned counsel for the petitioner is accepted andthe writ petition is dismissed as withdrawn with liberty in terms of the prayer made.
As a sequel to dismissal of the writ petition, W.P.M.P.No.34562of 2006 for interim relief is also disposed of as infructuous.
G.S.SINGHVI, CJ
27-12-2006psr
C.V.NAGARJUNA REDDY, J