Telangana High Court

WP/20941/2008 of M/s. Mahalakshmi Art Printers, Vs Greater Hyderabad Municipal Corporation, on 30 December 2009

Cites 0, Cited by 0

Sri Justice R.Subhash Reddy Writ Petition No.20941 of_2008 Order: In this Writ Petition, the petitioner, a proprietary concern, seeks declaration, by way of mandamus, that the action of the respondents, in taking steps for demolition of its shop situated in premises bearing

The Hon’ble Sri Justice R.Subhash Reddy

Citations and Judicial Treatment

No citing decisions in the index yet

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…

Order:

Writ Petition No.20941 of_2008

In this Writ Petition, the petitioner, a proprietaryconcern, seeks declaration, by way of mandamus, that theaction of the respondents, in taking steps for demolition ofits shop situated in premises bearing No.8-3-949/3, Punjagutta, Ameerpet, Hyderbad, asotherwise than by due process of law, as illegal andarbitrary.

The petitioner claims that it is a tenant in the groundfloor of the above said premises and that the first andsecond floors are in occupation of the owners thereof. It isthe grievance of the petitioner that under the guise ofwidening of National Highway No.9 at Punjagutta,Hyderabad, the respondents are taking steps for demolitionof its shop, without any valid reasons and without issuingprior notice and opportunity to it.

Though no counter-affidavit is filed, on writteninstructions given by the Assistant City Planner, Circle X,Greater Hyderabad Municipal Corporation (for short ‘theGHMC’), it is submitted by learned Standing Counsel forthe respondents that the GHMC is taking steps to take overthe properties, which are required for the purpose of roadwidening, by private negotiations and by extending thebenefits as per G.O.Ms.No.483 Municipal Administration,dated 24[th] August, 1998. It is further submitted that the petitioner is running printing press as tenant in the groundfloor of the abovesaid premises and the upper floors are inthe occupation of the owners and that the building inquestion is being affected to the extent of 25 feet x 35 feetin an area of 97.22 square yards and as such, notices wereserved on the owner as well as the tenant thereof. Ultimately, it is undertaken that the possession of theproperty in question will be taken for demolition only afterobtaining consent from its owner as well as the tenant.

Recording the same, the Writ Petition is disposed ofdirecting the respondents not to dispossess the petitionerfrom the property in question, which is in its occupation andis stated to be affected in road widening, without obtainingits consent for demolition and without following the dueprocess of law.

Subject to the above directions, the Writ Petition isdisposed of. No order as to costs.

Dated 30[th] December, 2009lur

_________________

R.Subhash Reddy, J

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead