Hameed Bin Saleh v. State Of Telangana, Rep. By Its Principal Secretary,

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE SEVENTEENTH DAY OF MARCH, TWO THOUSAND AND FIFTEEN :PRESENT:

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WP .NO: 6720 of 2015 Between:

1 Hameed Bin Saleh S/o. late Saleh Bin Salam, 2 Mohammed Abdul Qayum Ghori S/o.Mohd. Afzal Ghori, ..... Petitioners AND 1 State of Telangana, rep. by its Principal Secretary, Municipal Administration & Urban Development Department, Secretariat, Hyderabad. 2 Greater Hyderabad Municipal Corporation, Rep. by its Assistant City Planner, Circle-10, Hyderabad.

3 The Station House Officer, S.R.Nagar Police Station, Hyderabad. 4 NRR Puram Govt. Class-IV Employees Co-operative Housing & Welfare Society, Rep. by its President Sri M.A.Sattar S/o.Syed Hussain, R/o.H.No.8-4-379/93, NRR Puram Colony, Site-I, Borabanda, Hyderabad. Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the high handed action of the respondents 2 and 3 in trying to interfere and demolish the compound wall constructed surrounding the house of the petitioner bearing municipal no.8-4-379/459/A, on Plot No.459/A, Type-A, in sy.no.127, admeasuring 106.00 sq. yards equivalent to 88.616 sq. meters, situated at N.R.

R.Puram Colony, Site-I, Borabanda, Hyderabad, without issuing any prior notice to the petitioners or without following the procedure contemplated under law, as illegal, arbitrary, unjust, unconstitutional, in violation of principles of natural justice and also as against the provisions of Hyderabad Municipal Corporation Act, 1955 and the Rules made thereunder, and consequently direct the respondents not to interfere by way of demolishing the compound wall constructed surrounding the house of the petitioner under subject property, without following the procedure contemplated under the law.

WPMP.NO: 8951 of 2015 Petition under Section 151 of C.P.C. Praying that in the circumstances stated in the affidavit filed in the W.P., the High Court may be pleased to direct the respondents not to interfere by way of demolishing the compound wall constructed surrounding the house of the petitioner bearing municipal no.8-4379/459/A, on Plot No.459/A, Type-A, in sy.no.127, admeasuring 106.00 sq. yards equivalent to 88.616 sq. meters, situated at N.R.R.Puram Colony, Site-I, Borabanda, Hyderabad, without following the procedure contemplated under the

law, pending disposal of WP No. 6720 of 2015 on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the arguments of Sri Mohd. Moin Ahmed Quadri, Advocate for the Petitioners, G.P. for Municipal Administration (TG) for Respondent No.1, Sri R. Radhakrishna Reddy, learned standing counsel for Respondent No.2, and G.P. for Home (TG) for Respondent No.3, the Court made the following ORDER:

Sri R. Radhakrishna Reddy, learned standing counsel for the 2nd respondent and seeks time for getting instructions. Post on 25-3-2015 in the motion list.

Till then, status quo obtaining as on today shall be maintained. ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The Principal Secretary, Municipal Administration & Urban Development Department, State of Telangana, Secretariat, Hyderabad. 2 The Assistant City Planner, Greater Hyderabad Municipal Corporation, Circle-10, Hyderabad.

3 The Station House Officer, S.R.Nagar Police Station, Hyderabad. 4 Sri M.A. Sattar S/o.Syed Hussain, President, NRR Puram Govt. Class-IV Employees Co-operative Housing & Welfare Society, R/o.H.No.8-4-379/93, NRR Puram Colony, Site-I, Borabanda, Hyderabad. (Addressees 1 to 4 BY RPAD) 5 One CC to Sri Mohd. Moin Ahmed Quadri, Advocate (OPUC) 6 Two CCs to the G.P. for Municipal Administration (Telangana), High Court, Hyderabad. (OUT) 7 Two CCs to the G.P. for Home (Telangana), High Court, Hyderabad. (OUT) 8 One spare copy.

nnr HIGH COURT

ARR,J DATED: 17-3-2015 NOTE: Post on 25-3-2015 in motion list

ORDER

W.P.NO. 6720 OF 2015 DIRECTION

HIGH COURT Nnr Date of Drafting : 19-03-2015 ARR,J DATED: 17-3-2015 NOTE: Post on 25-3-2015 in motion list

ORDER

W.P.NO. 6720 OF 2015 DIRECTION