Telangana High Court
WP/46540/2022 of Smt. Ruksana Begum Vs The State of Telangana on 29 December 2022
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT JUSTICI LALITHA KANNEGANTI Between: 1. Smt. Ruksana Begum, Wo. Syed lqbal, Aged about 52 years. Occ. Housewife, R/o.
HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)
THURSDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SMT JUSTICI LALITHA KANNEGANTI
WRIT PETITION NO: 46540 OF 2022
Between:
1. Smt. Ruksana Begum, Wo. Syed lqbal, Aged about 52 years. Occ.Housewife, R/o. H.No. 1-1-51N1. Bhagyanagar, Nirmal.Housewife, R/o. H.No. 1-1-51N1. Bhagyanagar, Nirmal.
2- Smt. Haneefa, Wo. Syed Faqeer, Aged about 41 years, Occ. Housewife, R/o.H.No. 1-1-5lA/1 , Bhagyanagar, Nirmal.H.No. 1-1-5lA/1 , Bhagyanagar, Nirmal.
3. Smt. Fathima Begum, Wo. Syed Mohammed, Aged about 62 years, Occ.Housewife, R/o. H.No. 1-1-51Nl, Bhagyanagar, Nirmal.Housewife, R/o. H.No. 1-1-51Nl, Bhagyanagar, Nirmal.
4. Smt. Mumtaz Begum, W/o. Mohammed Shamshoddin, Aged about 40 years,Occ. Housewife, R/o. H.No. 1-1-51N1, Bhagyanagar, Nirmal.Occ. Housewife, R/o. H.No. 1-1-51N1, Bhagyanagar, Nirmal.
5- Smt. Hanifa Begum, Wo. Syed Yousuf, Aged about 48 years, Occ.Housewife, R/o. H.No. 1-1-51N1, Bhagyanagar, Nirmal.Housewife, R/o. H.No. 1-1-51N1, Bhagyanagar, Nirmal.
6. Smt. Choti Bee, Wo. Syed Hussain. Aged about 46 years, Occ. Housewife,R/o. H.No. 1-1-51N1, Bhagyanagar, Nirmal.R/o. H.No. 1-1-51N1, Bhagyanagar, Nirmal.
7. Smt. Rasheeda Begum, W/o. Syed Babu, Aged about 46 years, Occ.Housewife, R/o. H. No. 1-1-51N1 , Bhagyanagar, Nirmal.Housewife, R/o. H. No. 1-1-51N1 , Bhagyanagar, Nirmal.
8. Smt. Madina Bee, Wo. Syed Nasir Mohammed, Aged about 64 years, Occ.Housewife, R/o. H.No. 1-1-SlN1, Bhagyanagar, Nirmal.Housewife, R/o. H.No. 1-1-SlN1, Bhagyanagar, Nirmal.
...PETITIONERS
AND
1. The State of Telangana, Rep. by its Principal Secretary, MunicipalAdministration and Urban Development Department, Secretariat, HyderabadAdministration and Urban Development Department, Secretariat, Hyderabad2. Nirmal Municipality, Nirmal District, Rep. by its Commissioner.
3. The District Collector, Nirmal Distnct, Nirmal.
4. The Mandal Revenue Officer, Nirmal, Nirmal District.
...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, Order or direction more particularly one in the nature of Writ of It/andamus declaring the act on of the 2nd responcjent in issuing theeviction notice dl. 14 12-2022 vide No. G1130312022 to the petitioners withoutgiving any prior shovr cause notice as being arbitrary, illegal high handed andcontrary to the principles of natural [jLrstice ]and in violation of Article 14 and 21 ofthe Constitution of lndia and consequently direct the 2nd respondent not to evictthe petrtioners by setting aside the eviction notice dt. 14-12-2022 vide No.G1130312022 issued by the 2nd respondent, in the interest of justice.
l.A.NO:1 OF 2022
Petition Under Section 151 CPC praying that in the circumstances statedin the affidavit filed in support of the petition, the High Court may be pleased tosuspend the operation of the eviction notice dt. 14-12-2022 vide No.G1130312022 issued by the 2nd respondent, pending drsposal of the writ petition.
Counsel for the Petitioners : SRI.C.SHARAN REDDY
Counsel for the Respondent No.1 : GP FOR MCPL ADMN AND URBAN DEV
Counsel for the Respondent No.2 : SRI.B.JAGAN MADHAV RAO
Counsel for the Respondent Nos.3 & 4 : G.P FOR REVENUE
The Court made the following ORDER
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTIW.P.No.46540 of 2022
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
This Writ Petition is with the following prayer,
Conclusion
"to issue a Writ, Order or direction, more particularly one in the natureof Writ of l\,,landamus declaring the action of the 2"d respondeot in issuing theevjction notice d1.14-12-2022 vide No.G1/303/2022 to the petitioners withoutgiving any prior show cause notice as being arbitrary, illegal, high handedand contrary to the principles of natural [justice ]and in violation of Articles 14and 21 ot the Constitution of lndia and consequently direct the 2"crespondent not to evict the petitioners by setting aside the eviction noticedt.14-12-2022 vide No.G1l3O3l2O22 issued by the 2nd respondent".
2. Learned counsel for the petitioners Mr. C. Sharan Reddysubmits that by notice dated 14-12-2022, the respondent [Vlunicipalityhas requested the petitioners to evict the encroached land in the layoutopen space in layout No.47lB2 at Bhagyanagar, Nirmal, within 7 days,otherwise further action will be taken as per the TelanganaMunicipalities Act, 2019. He submits that in the notice, it is stated thatthe respondent Municipality has conducted a field survey and foundthat the petitioners have encroached the layout open space. Hesubmits that no notice was issued to the petitioners before conductingthe said survey. He further submits that the impugned notice is notpreceded by any show cause notice, and hence, the action of therespondent Municipality is illegal and arbitrary.
To
3. Learned Standing Counsel for respondent No.2 ltrlr. B. Jagantt4adhav Rao submits that the respondent IMunicipality is only requestedthe petitioners and no coercive action is taken against them.
4- This Court is not able to appreciate the contention raised by thelearned Standing Counsel. By virtue of the impugned notice, therespondent It/unicipality has already decided to demolish the subjectproperty and requested them to evict the said open space or else theywill take action as per the provisions of the Telangana MunicipalitiesAct. lt appears from the notice that in the survey that was conducted,no notice was issued to the petitioners.
5. Hence, the Writ Petition is disposed of setting aside theimpugned notice dated 14-12-2022. The respondent Municipality shallissue a notice to the petitioners and after considering the replysubmitted by the petitioners, they shall pass appropriate order inaccordance with law. Till such time, the respondent Municipality shallnot interfere with the petitioners' possession over the subject propertyand the entire exercise shall be completed within a period of fourweeks from the date of receipt of a copy of this order.
6. Miscellaneous petitions, if any pending in this writ petition, shallstand closed SD/.P'CH.NAGABHUSHAMBAASSISTANJIEGISTRAR(a)
//rRUE coPY//
SECTION OFFICER
1 The Princtoal Secretary, [Municrpal Administration and Urban Development]D;;;,#;;i s"o"tiiiii [siate ][bf ][relangana ][at ][Hvderabad]2 ih5til;i;sroner' [Nirmal Municrpality, Nirmal District]3. The Distrlct [Collector. ][Nirmal ][District' ][Nlrmal']D;;;,#;;i s"o"tiiiii [siate ][bf ][relangana ][at ][Hvderabad]2 ih5til;i;sroner' [Nirmal Municrpality, Nirmal District]3. The Distrlct [Collector. ][Nirmal ][District' ][Nlrmal']
4. The lt4andal Revenue Officer, Nirmal, Nirmal District.5.Two CCs to GP FOR MCPL ADMN AND URBAN DEV, High Court for theState of Telangana at Hyderabad. [OUT]5.Two CCs to GP FOR MCPL ADMN AND URBAN DEV, High Court for theState of Telangana at Hyderabad. [OUT]t)Two CCs to GP FOR REVENUE, High Court for the State of Telangana atHyderabad [OUT]Hyderabad [OUT]7.ne CC to SRI.C SHARAN REDDY, Advocate [OPUC]8.One CC to SRI.B.JAGAN MADHAV RAO, Advocate [(OPUC)]oTwo CD Copies10One spare copy8.One CC to SRI.B.JAGAN MADHAV RAO, Advocate [(OPUC)]oTwo CD Copies10One spare copyS.A.BSqBSq HIGH COURT
DATED:2911212022
flE [S ][i-A]rg..<c+Il?Io1)2 B IAil [?[?]]IORDER1).i:i [:.,'. ][' ][-]WP.No.46540 [of ][2022]DISPOSING [OF THE W,P]WITHOUT [COSTS.]@'edII5o---.{r\"