Smt. T.Geetha Sree v. The Greater Hyderabad Municipal Corporation

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY ,THE TWENTY SIXTH DAY OF MAY TWO THOUSAND AND TWENTY TWO PRESENT .THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI WRIT PETITION NO: 24031 OF 2022 Between:

Smt. T.Geetha Sree, W/o.T.S. Ravi Kumar, Aged about 52 years, Rl/o. Villa No.62, Sun City, Bandlaguda, Hyderabad ...PETITIONER AND

1. The Greater Hyderabad [Municipal Corporation, Rep. by its Commissioner, Tank Bund Road, Hyderabad

2. The Assistant Commissioner, GHMC, Circle - 13, Karwan, Hyderabad.

3. Dr.K.B.Chandranouli, R/o. H. No. 1 3-6-4451 Al 4, Ring Road, Gudimalkapur, Pillar No.86, Hyderabad.

,RESPONDENTS Petition under Article 226 o'f lhe Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to. issue a Writ or order or direction, more particularly one in nature of Writ of Mahdamus, declaring the action of the respondents 1 and 2 in causing demolition of the shop in premises bearing No.13-6- 4381219, Jaffarguda, Gudimalkapur, Hyderabad, in which the petitioner is running a licensed wine shop in the name of Sri Vaishnavi Wines, on 16.05.2022, without notice to the petitioner and without following the provlsions of Sec.

452 and 636 of GHMC Act, as illegal and unco nstitutio n a I and to direct the respondents 1 and 2 not to proceed in any manner against the business run by the petitioner under the valid license in the name of Sri Vaishnavi Wines, without following due process of law 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 respondents 1 and 2 not to take any coercive steps against the premises bearing No.13-6-438/2/g,Jaffarguda, Gudimalkapur, Hyderabad, in which the petitioner is running a licensed wine shop in the name of Sri Vaishnavi Wines, pending disposal of the main writ petition Counsel for the Petitioner: SRl. VEDULA SRINIVAS REP. SRl. G POORNASRI Counsel for the Respondent Nos. 1 & 2: SRl. N.

ASHOK KUMAR, SC FOR GHMC Counsel for the Respondent No.

I THE HON'BLE SMT. JUSTICE P. MADHAVI DEVI WRIT PETITION No.24O3L of 2022 ORDER:

This lr,rit petition is filed seeking a Wit of Mandamus declaring the action of respondent Nos.l and 2 in causing demolition of the shop in premises bearing No. 13-6-438 l2 I 9, Jaffarguda, Gudimalkapur, Hyderabad, in which the petitioner is running a licensed Wine Shop, in the name of Sri Vaishnavi Wines, on 16.05.2022 without issuing any notice to the petitioner and without following the due process of law, as arbitrary and illegal. 2.

Heard Sri Vedula Srinivas, learned Senior Counsel, representing Ms. G. Poornasri, learned counsel for the petitioner, as well as Sri N. Ashok Kumar, learned Standing Counsel for respondent Nos.1 and 2. Perused the material available on record 3.

Learned Senior Counsel for the petitioner submits that the petitioner is occupier of the premises bearing No.13-6-438 I 2 I 9, Jaffarguda, Gudimalkapur, H1'derabad,

PMD. J w.P.No.2,10ll ol20:2 having obtained the same on lease under Rental Deed dated 18.l2.2o2l and is running a Wine Shop in the name of Sri Vaishnavi Wines after obtaining necessarJi licence from the authorities concerned' The learned Senior Counsel further submits that the respondents have demolished the building in which the petitioner is running the Wine Shop without issuing any notice to the petitioner and that the petitioner is continuing to run the Wine Shop in the remaining portion of the building and he seeks a direction to the respondents not to take any further coercive steps against the petitioner's Wine Shop without issuing any notice to him.

4.

The learned Standing Counsel for respondent Nos'1 and 2 submits that the entire building where the petitioner is running the Wine Shop has been demolished pursuant to the directions of this Court in W.P.No'31764 of 2O2L, dated 12.04.2022.

5.

Learned Senior Counsel for the petitioner submits that the subject premises is a tin roofed shed with supporting walls where the petitioner is running a Wine \ "t"

PMD. J W.P.No.24011o,2022 Shop and that the said shop was in existence from a long period, and that he is apprehending further coercive action against the said premises by the respondents. He also submits that the respondents are preventing the petitioner from carrying on the business of running Wine Shop under valid licence in the said premises. Therefore, he seeks a direction from this Hon'ble Court to the respondents not to take any coercive steps against the subject premises without issuing any notice to the petitioner 6.

A perusal of the material available on record shows that action has been taken by the respondents pursuant to the directions of this Court in W.P.No.31764 of 2021, dated 12.O4.2022 and the petitioner, being a tenant and occupier of the subject premises, rvas already represented through the owner of the subject premises in W.P.No.31764 of 202 1. Therefore, no further direction can be given in this writ petition without there being any change in facts. 7.

Accordingly, this writ petition is dismissed. No order as to costs.

PNlD. J w P.No.240ll oi2022 B. Miscelianeous applications pending, if any, shal1 stand closed.

SD/.G.SIR ASSISTANT RE //TRUE COPY// SECTION OFFICER To,

1. One CC to Sri. G Poornasri, Advocate IOPUC]

2. One CC to Sri. N. ASHOK KUIVAR, SC for MC [OPUC]

3. Two CD Copies.

h, one SPerJ .coPJ PM BS $r

HIGH COURT DATED:2610512022 t{6 STAIg ( [ 3 JUN 2t??

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ORDER

WP.No.24031 of 2022 Dismissing the WP Without costs.