Syed Khaja Kashifullah Hussaini v. The Greater Hyderabad Municipal Corporation

HON'BLE DR. JUSTICE B. SIVA SANKARA RAO WRIT PETITION No.1597 of 2018 ORDER:

Heard learned counsel for the petitioner and learned Standing Counsel, Sri N. Ashok Kumar, for respondents and perused the prayer in the writ petition with supporting affidavit and other material on record.

2.

The prayer in the writ petition reads as follows: ".......declaring that the action on part of the respondent No.2 in attempting to demolish the temporary tin shed admeasuring 8x15 feet, and 2 feet high platform, on open land attached to petitioner's house bearing M.C.No.13-1-152, 153, 153/1 and 154, total measuring 1000 sq. yards, situated at Seetaram Bagh, Chisti Chaman, Hyderabad, without following due process of law, is highly illegal, arbitrary and in violation of principles of natural justice. Consequently, this Hon'ble Court may be pleased to direct the respondents to follow due process of law contemplated under Greater Hyderabad Municipal Corporation Act, before taking any action against the temporary tin shed put up by the petitioner, and 2 feet high platform, on open land attached to petitioner's house bearing M.C.No.13-1-152, 153, 153/1 and 154, total admeasuring 1000 sq. yards, situated at Seetaram Bagh, Chisti Chaman, Hyderabad, and pass any other order or orders as deemed fit and proper in the circumstance of the case in the interest of justice."

3.

It is the submission of the learned Standing Counsel for respondents that there is a violation of the provisions of the Act by construction of the tin shed and the respondent authorities are going to take action according to law.

4.

As the very prayer is to proceed according to law, the writ petition is, by recording the same, disposed of, for nothing to keep the matter pending.

Miscellaneous petitions pending, if any, shall stand closed. No costs.

____________________________ Dr. B. SIVA SANKARA RAO, J 23rd January 2018 mar