Peram Srinivas v. The Greater Hyderabad Municipal Corporation And Another

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY ,THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI '

WRIT PETITION NO: 15591 OF 2022 Between:

Peram Srinivas, S/o Sri Peram Beeraiah, aged 31 years, 0cc. Business, Rl/o. H. No. 9-5-701181113/1 , Anjaiah Nagar, Hasmathpet Village, Balnagar Mandal, Medcha l-Malkajgiri District ...pETtTtoNER AND The Greater Hyderabad Municipal Corporation, Represented by its Commissioner, Tank Bund Road, Hyderabad.

The Deiputy Commissioner, GHMC Circle No. 24, Kukatpally. 12.

...RESPONDENTS Petition under Article 226 of lhe Constitution of lnd ia praying that in the circumstances stated in the affidavit filed therewith, 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 action of the respondents in threatening to demolish the petitioner's property without following the due process of law as illegal, arbitrary.

lA NO: 1 OF 2022 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 respondent no 2 not demolish any structure over the petitioner's property i.e., All that House Bearing. No.9-5-70/18/1 13/1 , Situated at Anjaiah Nagar Hasmathpet Village, Balanagar Mandal, tinder GHMC Kukatpally Circle, Med cha l-Malkaj g i ri D istrict.

Counsel for the Petitioner : SRI D. MADHAVA RAO Counsel for the Respondents: SRI SAMPATH PRABHAKARf,.EDDY, The Court made the following: ORDER

HON'BLE SMT. JUSTICE LALITHA KANNEGANTI 1VRIT PETITION No.1559L of 2022 ORDER:

This writ petition is filed questioning the action of the respondents 1n threatening to demolish the petitioner's property without following the due process of law as illegal and arbitrary.

Learned counsel for the petitioner subrnits that petitioner has obtained building permission and basing on that, he is making construction and without any prior notice, the respondents were coming to the site and interfering with the construction activities. As such, the petitioner is constrained to approach this court bv filing the present writ petition.

3.

Mr. Sampath Prabhakar Reddy, Learned Standing Counsel for GHMC - respondent Nos. 1 and 2 submits that the building permission granted vide proceedings dated 22.01.2022 in favor-rr of the petitioner is revoked and petitioner has not questioned the said revocation order. He submits that the said revocation is without issuing any notice to the petitioner. Learned counsel for petitioner also relied on the order dated 13.12.2021 V}

\ w.P.No.15591oF2022 passed by this court in Writ Petition Nos.2O39a, 20435, 2too4, 22496, 22549, 27 a}t, 28t46, 29019, 29200 and 32665 of 2021.

4.

In the light of the observations made by the Coordinate Bench of this court passing of the revocation order without notice is bad in law. Admittedly, in this case,-the revocation order is passed by the respondents without issuing any notice to the petitioner. The learned counsel for petitioner submits that the petitioner may be given liberty to question the revocation order.

5.

Accordingly, this writ petition is disposed of directing the respondents not to take any coercive steps in respect of petitioner's property i.e. House bearing No.9-5-7Ol 18/ LL3/1, sitr-rated at Anjaiah Nagar, Hasmathpet Village, Balanagar Mandal, Under GHMC Kukatpally Circle, Medchal-Malkqjgiri District. The petitioner at liberty to question the revocation order

W,P.No.l5591 of 2022 within a period of two weeks from today. No order as to co sts.

Miscellaneous petitions, if any pending in this writ petition shall stand closed.

I -t SD/.K.AMMAJI ASSISTANT REGI R ,TRUE COPY// SECTI OFFICER To,

1. The Commissioner, Greater Hyderabad Municipal Corporation, Tank Bund Road, Hyderabad.

2. The Deputy Commissioner, GHMC Circle No. 24, Kukatpally

3. One CC to M/s. D. Madhava Rao, Advocate [OPUC]

4. One CC to Sri Sampath Prabhakar Reddy, SC for GHMC [OPUC]

5. Two CD Copies

6. One Spare Copy Sm SB d

HIGH COURT DATED:2810312022 ffi;

."$ $ o ll ")

ORDER

WP.No.15591 of 2022 DISPOSING OF THE WP WITHOUT COSTS @ f It qu