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High Court for State of TelanganaWP/19314/2016disposed of no costs

Mr.Mirza Abdul Muqeem Baig, v. The State Of Telangana,

2016-06-20C.Praveen Kumar4 pages

THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR WRIT PETITION No. 19314 of 2016 ORDER :

The present Writ Petition came to be filed seeking to declare the action of the respondents, particularly respondent Nos.3 and 4, including their officials, in trying to demolish the petitioners' house property bearing Municipal No.134/HIC-B, having total extent of 244.44 square yards, situated in Sy.No.110, Phase-IV, APHB Colony, Gachibowli Village, Serilingampally Mandal, Ranga Reddy, despite obtaining valid Municipal permission vide Permit Nos.42370/DC/WZ/Cir.11/2015 and 42371/DC/WZ/Cir.11/2015, dated 05.06.2015, and also pending their application under Building Regularisation Scheme (BRS) in respect of the said premises, as arbitrary and illegal.

2. Learned counsel for the petitioners submits that though the petitioners have purchased the aforesaid house property for a valid consideration and obtained necessary Municipal permissions and while their application for BRS is pending consideration, respondent Nos.3 and 4 are taking steps to demolish the said house property without any notice and without following due process of law.

3. Heard learned counsel for the petitioners as well as the learned Government Pleader for Municipal Administration and Urban Development (Telangana) appearing for respondent No.1, and Sri Sampath Prabhakar Reddy, learned Standing Counsel for respondent Nos.1 to 3 - Greater Hyderabad Municipal Corporation.

4. Sri Sampath Prabhakar Reddy, learned Standing Counsel for the respondent - Corporation submits that no coercive steps will be taken against the aforesaid house property of the petitioners without following due process of law.

5. Recording the said statement made by the learned Standing Counsel for respondent - Corporation across the Bar, the writ petition is disposed of directing respondent Nos.2 to 4 not to take any coercive steps against the house property of the petitioners bearing Municipal No.134/HIG-B, in an extent of 244.44 square yards, situated in Sy.No.110, Phase-IV, APHB Colony, Gachibowli Village, Serilingampally Mandal, Ranga Reddy, without following due process of law. No order as to costs.

6. Miscellaneous petitions pending, if any, in the Writ Petition shall stand closed.

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C. PRAVEEN KUMAR, J 20.06.2016.

Msr THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 19314 of 2016

20.06.2016 Msr