Bijulal Sankhla v. The State Of Telangana
HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) WEDNESDAY, THE SIXIH DAY OF MAY TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION NO: 6694 OF 2020 Between:
Bijulal Sankhla, S/o. Mr, Babulal Shankla, Aged about 34 Years. Occ. Business, Pror. IV/s. Padmavathi Flour tt4ill, B-1-2071112113, Tatanagar, Hyderabad. ...PETITIONER AND
1. The State of Telangana, Rep by its Principal Secretary, lVlunicipal Administration and Urban Development Department Secretariat, Hyderabad.
2. Greater Hyderabad Municipal Corporation, The Commissioner, Rajendranagar. Ranga Reddy District
3. The Deputy Commissioner, Rajenderanagar Circle 11. Greater Hyderabad It/unicipal Corporation, Rajendranagar, Ranga Reddy District.
4. Asst. City Planner, Rajenderanagar Circle 11, Greater Hyderabad [r/unicipal Corporation, Rajendranagar. Ranga Reddy District. ,RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ direction or order more particularly one in the nature of WRIT OF IVANDAlt/US by declaring the impugned notice vide Notice No.G-50/W59iTPS/ CRZlClllGHl\AC12020 Dt 21-03-2020 issued under section 452 (1)and 461 (1) of HltzlC Act 1955 as Null and void, illegal, arbitrary, irrational, unconstitutional and Contrary to the provisions of GHIVC Act, and consequently to set aside the same.
lA NO: 1 OF 2O2O Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents herein not to take any coercive steps for demolishing the property of the Petitioner i.e., Plot No. 13, situated at Tatanagar, lVlailardevpally, Rajender Nagar, R.R. District, in pursuance of the impugned notice vide Notice No. G-50/ W59/ TPS/ CRZI C11l GHMC/ 2020 dated 21-03-2020 under section 452 (1) and 461 (1) of HMC Act 1955, by suspending the said notice, pending disposal of the present Writ Petition.
Counsel for the Petitioner: SRl. PAWAN KUMAR AGARWAL Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel forthe Respondent Nos.2 to 4: SRl. N. ASHOK KUMAR, SC FOR GHMC The Court at the stage of admission made the following: ORDER Heard learned counsel for the petitioner as well as Sri N. Ashok Kumar, Iearned Standing Counsel for the respondent - Corporation and with their consent, the Writ Petition is disposed oF at the admission stage.
This Writ Petition is filed seeking a mandamus to the respondents not to take any coercive steps for demolishing. the property o'the petitioner i.e. plot NO. 13 situated at Tatanagar, Mailardevpally, Rajendra Nagar, R.R. District, pursuant to the impugned notice dated 21.03.2020. Learned Standing Counsel points out that with regard to the unauthorised constructions made by the petitioner in violation of the orders of this Court, notices under Sections 452 and 467 of the Greater Hyderabad Municipal Corporation Act, 1955 have already been issued and the petitioner is yet to respond to the same.
In view of the above and also considering the fact that the notice was dated 21.3.2020, two weeks'time is granted to the petitioner to submit his explanation through e-mail (ID to be Furnished by the learned Standing Counsel) to the Deputy Commissioner concerned of the Corporation, after consideration of which, the respondent Corporation shall pass appropriate final orders. Till then, no coercive action shall be taken against the petitioner with respect to the constructions allegedly made, without following due process of law.
The Writ Petition is accordingly, disposed of. No costs. The miscellaneous Applications, if any shall stand closed. Sd/. SRI JUSTICE CHALLA KODANDA RAM //TRUE COPY'
REGISTRAR (JUDICI \,,4 .) 1<r 'il SECTIOT{ OFFICER To, The Commissioner, Greater Hyderabad Municipal Corporation, Rajendranagar. Ranga Reddy District The Deputy Commissioner, Rajenderanagar Circle 11. Greater Hyderabad Municipal Corporation, Rajendranagar, Ranga Reddy District. The Asst. City Planner, Rajenderanagar Circle 11, Greater Hyderabad lVlunicipal Corporation, Rajendranagar. Ranga Reddy District. One CC to Sri Pawan Kumar Agarwal Advocate IOPUCI Two CCs to the GP for [t/unicipal Administration and Urban Development, High Court for the State of Telangana at Hyderabad. (OUT) One CC to Sri. N. Ashok Kumar, SC FOR GHTVC IOPUC] Two CD Copies CHR
HIGH COURT CKR,J DATED:0610512020 t\ r.i9 SrAr€:
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ORDER
* 1l:::p,r,-tC', W.P.No.6694 of 2020 DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS