Telangana High Court
WP/34943/2023 of Mirza Mustafa Ali Baig Vs The State of Telangana on 29 December 2023
COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY , THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 34943 OF 2023 Between: 1. lly''irza Mustafa Ali Baig, S/o.Mirza lsmail
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD(Special Original Jurisdiction)
FRIDAY ,THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION NO: 34943 OF 2023
Between:
1. lly''irza Mustafa Ali Baig, S/o.Mirza lsmail Baig, Age- 33 years, Occ-Business,R/o.H.No.8-13-7611BlA, Raghavendranagar Colony, Shivarampally,R.R.District.
2. Mirza Aziz Baig, Sio. S/o.Mirza lsmail Baig. Age-31 years, Occ-Business,Ri/o.H.No.B-13-7611814, Raghavendranagar Colony, Shivarampally.R.R.District.
3. Miza Mohammed Baig, S/o-lVlirza lsmail Baig. Age-28 years, Occ-Business,Fl/o.H.No.8-13-7611814, Raghavendranagar Colony, Shivarampally.R.R.District.
...PETITIONERS
AND'1 . The State of Telangana, Rep. by its Principal Secretary, Home Department,Secretariat Buildings, Saifabad, Hyderabad.
2. The Commissioner of Police, Hyderabad Police Commissionerate, Hyderabad
3. The Station House Officer, P.S. Film Nagar, Hyderabad
..,RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue a Writ or order or direction, more particularly one in nature ofWrit of Mandamus, to direct the 3rd respondent to act in accordance with law andnot to interfere in any manner with the construbtion of the petitioners of thebuilding in premises No.8-1-2211/JlA, Tombs Road, Tolichowki, Hyderabad underbuilding permit No.3526 I GHMCIKHB 12023-BP, dt.21 l0g 12023lA NO: 1 OF 2023
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 todirect the 3rd respondent not to interfere in any manner with the construction ofthe petitioners of the building in premises No.8-1-22l1lJlA, Tombs Road,Tolichowki. Hyderabad under building [permit ]No.3526 GHIMC/KHB|2O23-BP,dt.2110912023, pending disposal of the main Writ Petition Counsel for the Petitioner: M/s. VEDULA CHITRALEKHACounsel for the Respondents: AGP FOR HOMEThe Court made the following: ORDER
I
THE HONOURC.BLE SRI JUSTICE C.V. BHASKAR REDDY
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ORDER
WRIT PETITION No.34943 OF 2o23
This Writ Petition, under Article 226 of the Constitution ofIndia, is hled seeking to declare the action of respondent No,3 ininterfering with the construction activity of the petitioners inrespect of premises bearing No.a-L22/l/J/A, Tombs Road,Tolichowki, Hyderabad, in spite of the building permissionNo.3526/ GHM C / KHB I 2O23-KB, dated 2 I .O9.2023, as arbitraryand illegal
2. Heard learned counsel for the petitioners andleamed Assistant Government Pleader for Home appearing forthe respondents. Perused the record.
3. The petitioners claim to be purchased houseproperty bearing No.a-122/1/J /A at Tombs Road, Tolichowki,Hyderabad, under three different sale deeds, total landadmeasuring 57O square yards. Since the date of purchase, tJlepetitioners are in continuous possession and enjoyment of thesaid property. It is the case of the petitioners that afterpurchase of the property, they made application before theMunicipal authorities concerned seeking building permissionand the sarne was granted uide permit No.3526IGHMC/KHB/2O23-BP, dated 21.O9.2023 forconstrLrction of Ground [+ ]3 upper floors.
4. l,earned counsel for the petitioners would submitthat respondent No.3 is not having any power or authority tointerfere with the construction activity of the petitioners whenthe petitioners are making construction strictly in accordancewith the building permission obtained from the Municipalauthorities and the said permission has not been revoked byany authority.
' -i 5. Learned Assistant Govemment Pleader for Home,on instructions, would submit that acting on the complaint ofneighbours of the petitioner, a crime has been registered againstthe petitioner uide Cnme No.448 of 2023 under Section 337 lPC,dated 28.1O.2O2O23. Learned counsel further submitted thatexcept summoning the petitioner tri poiice station for thepurpose of enquiry, respondent No.3 is not interfering with theconstruction activity of the petitioner, in any manner.
6. In view of the said submissions, this Court deems itappropriate to dispose of the Writ Petition directing respondentNo.3 not to interfere with the construction activity of thepetitioners as soon as the said constructions are strictly in l accordance with the building permission vide permitNo.3526/GHMC I KHB / 2-23-BP, dated 2 1.O9.2O23. There shallbe no order as t() costs.
' 7 . With the above observations, the Writ Petition isdisposed of.
Miscellaneous petitions, if any, pending in this WritPetition shall stand closed. There shall be no order as to costs.Petition shall stand closed. There shall be no order as to costs.
ff'
ST)/. G. SIREESHAASSISTANTTRAR
//TRUE COPY//
SECTION OFFICER
To,
'1. The Principal Secretary, Home Department, Secretariat Buildings, Saifabad,T.S.,Hyderabad.
2. The Commissioner of Police, Hyderabad Police Commissionerate, Hyderabad
3. The Station House Officer, P.S. Film Nagar, Hyderabad4. Two CCs to GP FOR HOME ,High Court for the State of Telangana., atHyderabad [OUTI5. One CC to M/s. VEDULA CHITRALEKHA, Advocate [OPUCI6. Two CD CopiesBMGJP
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HIGH COURI-
DATED:29112120',13
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ORDER
WP.No.34943 of 2023
DISPOSING OF THE WRIT [PETITION]WITHOUT COSTS