Telangana High Court
WP/28900/2008 of Mohd. Haji Vs Greater Municipal Corporation of Hyderabad on 30 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 28900 of 2008 Between: Mohd. Haji S/o. Late Mohammed Lal Mohammed R/o. Flat
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADAWRIT PETITION NO : 28900 of 2008
Between:
Mohd. Haji S/o. Late Mohammed Lal Mohammed R/o. Flat No.503, H.No.8-2-348/1, Road No.3, Banjara Hills, Hyderabad.
..... PETITIONER
AND
Greater Municipal Corporation of Hyderabad Rep. by its Commissioner Municipal Complex, Tank Bund, Hyderabad.
.....RESPONDENT
Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to to issue a direction, order or writ more particularlyone in the nature of Writ of Mandamus declaring the action of therespondent in threatening the petitioner to demolish the Flat No.503, VFloor, H.No.8-2-348/1, situated at Flora Apartments, Road No.3,Banjara Hills, Hyderabad, as arbitrary, illegal and contrary toHyderabad Municipal Corporation Act, 1955 and consequently directthe respondent to refrain from initiating any action with reference tosubject property.
Counsel for the Petitioner: MR.S.SRI RAM
Counsel for the Respondent: SMT.KALPANA EKBOTE
The Court made the following Order:
THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA
WRIT PETITION No.28900 of 2008
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ORDER:
The petitioner approached this Court with the following prayer:
“to issue a direction, order or writ more particularly one in thenature of Writ of Mandamus declaring the action of therespondent in threatening the petitioner to demolish the FlatNo.503, V Floor, H.No.8-2-348/1, situated at FloraApartments, Road No.3, Banjara Hills, Hyderabad, asarbitrary, illegal and contrary to Hyderabad MunicipalCorporation Act, 1955 and consequently direct the respondentto refrain from initiating any action with reference to subjectproperty and pass such other order or orders.”
When this matter is taken up for hearing, learned standingcounsel for Greater Municipal Corporation of Hyderabad brought to thenotice of this Court that the petitioner already approached competentCivil Court by filing O.S.No.367 of 2007 on the file of the Court of theChief Judge, City Civil Court, Hyderabad, for the very same reliefsought for in this writ petition. However, as the said suit was dismissedon 02.09.2008, instead of approaching appellate Court, the petitionerfiled the present writ petition.
Having heard both the learned counsel, this Court is of theconsidered opinion that this writ petition is misconceived. However, asthe petitioner is in possession of the flat in question since 1997, heshall not be dispossessed without following due process under law.
With the above direction, the writ petition is disposed of. Nocosts.
____________________________
(GOPALA KRISHNA TAMADA, J)
30[th] December, 2008Note: Issue CC by tomorrow.(B/o) GHN
To
1. Greater Municipal Corporation of Hyderabad Rep. by itsCommissioner Municipal Complex, Tank Bund,Hyderabad.
2. 2CD copies
Form-NIC-OGS/WP{KBJ}