K Sulochana v. State Of Telangana

HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.236 of 2018 ORDER:

This Writ Petition is filed seeking the following relief: ".... to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in interfering with the cleaning activity carried out by the petitioner, thereby trying to dispossess him from his property, vide Plot No.1/8, admeasuring 213 square yards or 178.06 square meters forming part of Sy.Nos.148 to 155 in MCK Block No.2 situated at Gopalnagar Co-Operative House Building Society Limited, Hydernagar Village, Kukatpally Mandal, (previously Balanagar Mandal) under GHMC, Kukatpally Circle, Medchal-Malkajgiri District formerly known as Ranga Reddy District without following due process of law as arbitrary, unjust, high-handedness and consequently, to direct the respondents not to interfere with the cleaning activity carried out by the petitioner in his abovementioned property thereby not to dispossess him without following due process of law."

Learned counsel for the petitioner while bringing to the notice of this Court an interim order, dated 26.10.2017, passed by this Court in similar matters, i.e., Writ Petition Nos.35927 and 44639 of 2017, made a request that the interim order passed in the said Writ Petitions may be made the final order in this Writ Petition and the Writ Petition may be disposed of

directing respondent No.2-Municipal Corporation not to interfere with the possession of the petitioner over the subject property except by following the procedure established by law and protecting the interests of the petitioner till the Municipal Corporation takes appropriate action in accordance with the procedure established by law.

I have perused the orders of this Court in the above-stated Writ Petitions, which are placed on record.

Learned Standing Counsel for Greater Hyderabad Municipal Corporation appearing for respondent Nos.2 and 3 would submit that the subject property is a park area; that no permission to construct a compound wall or fencing may be granted to the petitioner; that he has been instructed to submit that the Corporation would follow the procedure established by law; and that till the Corporation takes an appropriate action in accordance with the procedure established by law, the petitioner may be directed to maintain absolute status quo without making any constructions in the subject property.

Recording the afore-stated submissions of the learned counsel, the Writ Petition is disposed of directing the respondents not to interfere with the possession of the petitioner over the subject property in any manner except by following the

procedure established by law. It is made clear that till the Corporation initiates appropriate action in accordance with the procedure established by law, the petitioner shall maintain absolute status quo without making any constructions whatsoever in the subject property. However, if the Municipal Corporation fails to initiate any appropriate action in respect of the subject property in accordance with the procedure established by law within a reasonable time, the petitioner is at liberty to approach this Court for an appropriate relief. As a sequel, the Miscellaneous Petitions, if any, pending shall stand dismissed.

____________________________ JUSTICE M.SEETHARAMA MURTI 03rd January 2018 DR