Mohommed Shabeer And Another v. The State Of Telangana And 3 Others
THE HON'BLE SRI JUSTICE T. AMARNATH GOUD WRIT PETITION No.18579 OF 2020 ORDER:
This Writ Petition is filed by the petitioner seeking to declare the action of the respondents, particularly respondent Nos.3 and 4, in preventing the petitioner from making construction on their property without following due process of law, as illegal and consequently direct them not to interfere with the construction activity of the petitioner.
2. Heard Sri Yadaiah Jetti, learned counsel for the petitioner and learned Government Pleader for Endowments and perused the record.
3. It is the case of the petitioner that the official respondent No.4 - The Station House Officer, Chatrinakha Police Station, Hyderabad, is interfering with the construction work of compound wall taken up by the petitioner on 10.03.2020, 16.01.2020 and 15.03.2020 by virtue of unregistered sale deed.
4. Learned Government Pleader would submit that the subject land is in dispute and it belongs to the Trust and the petitioner has no right, title and authorization to raise boundary wall upon the said property. But the same is disputed by the petitioner contending that the petitioner can raise a compound wall without obtaining any permission from Greater Hyderabad Municipal Corporation (GHMC) and from any local body and further submits that the respondents have not issued so far any notice to the petitioner in this aspect.
5. In view of the above submissions, without expressing any opinion on merits of the case, this Writ Petition is disposed of directing the respondents to issue notice if any in accordance with law to the petitioner before taking any steps against the petitioner's
construction activity. However, it is further clarified that the petitioner shall not proceed with any kind of constructions unless he obtains necessary permission as required under the statute. Pending miscellaneous petitions, if any, shall stand closed. __________________________ T. AMARNATH GOUD, J.
Date: 25-03-2021.
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