Shaik Ahmed v. The Greater Hyderabad Municipal Corporation,

HONOURABLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.10399 of 2009 ORDER:

1.

The petitioners state that they are the absolute owners and possessors of the plots admeasuring 280 and 285 square yards in sub plot Nos.15 and 16 respectively in Sy.No.129/75/D/4 of Road No.13, Banjara Hills, Hyderabad. When the officials of the respondents 1 and 2 came to the premises on 18.05.2009 and attempted to demolish the compound wall, the present writ petition was filed challenging their action.

2.

A counter-affidavit is filed by respondents 1 and 2 stating that the present writ petition was filed only to pre-empt any action against the unauthorized construction and if any unauthorized construction is noticed, they will take action in accordance with law. 3.

This Court by order dated 21.05.2009 granted interim direction not to demolish the structures of the petitioners without following due process of law.

4.

In the absence of any order passed by respondents 1 and 2, it cannot be assumed that the respondents are taking action against the construction made by the petitioners. However, it is open to respondents 1 and 2 to inspect the premises and take action in accordance with law if any unauthorized constructions are noticed in the premises.

5.

The Writ Petition is accordingly disposed of. No order as to costs. Miscellaneous petitions, if any, pending shall stand closed. ______________________________ A.RAMALINGESWARA RAO, J 15-11-2016 Gsn