Mahmood Bin Salam Alias Mahmood Ali v. State Of Telangana
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY ,THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 20331 OF 2021 Between:
Mahmood Bin Salam Alias Mahmood Ali, S/o Mr. Salam Bin Hassan, Aged about 67 years, Occ Business, Fl/o H. No. 3-5-879/9, Old MLA Quarters. Baggikhana' Hyderabad-500002.
...PETITIONER AND State of Telangana, rep. by its Principal Secretary, Municipal Administration and Urban DeveloIment Authority, Secretariat Buildings, Hyderabad Manikonda tr/unicipality, Rep. by its Commissioner, Manikonda, Ranga Reddy District.
Hyderabad Metropolitan Development Authority, (HMDA) Swarna Jayanti C6mplex, Sanjeeva Reddy Nagar. Road, Srinivasa Nagar Ameerpet HyderabadThe Station House Officer, Narasingi Police Station, Ranga Reddy District500089. ,..RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or direction particularly one in the nature of a Writ of Mandamus declaring the action of Respondents are interfering with the petitioner peaceful possession in the Schedule Prope(y H.No 3-1 7/104 on Plot.No 104 in Survey No 249, situated at Quli Qutub Shah Housing Colony Puppalguda village, Ranga Reddy dist is illegal and arbitrary consequently restrain the respondents not to interfere with the peaceful possession and enjoyment of the petitioner said property ll.No 3-171104 on Plot.No 104 in Survey No 249, situated at Quli Qutub Shah Housing Colony Puppalguda village Ranga Reddy dist.
lA NO: 1 OF 2021 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.No. 2lo 4 not to interfere with the petitioner property H.No 3-17l104 on Plot.No 104 in Survey No 249, situated at Quli Qutub Shah Housing Colony Puppatguda village, Ranga Redd. dist without following the due process of law, pending disposal of the above writ petitioner and to pass Counsel for the Petitioner:SRl. V T KALYAN Counsel for the Respondent No. 1: GP FOR MUNICPAL ADMINISTRATION & URBAN DEVELOPMENT Counsel for the Respondent No. 2: SRl. N. PRAVEEN KUMAR, SC FOR MC Counsel forthe Respondent No. 3: SRl. Y. RAMA RAO, SC FOR HMDA Counsel for the Respondent No. 4: GP FOR HOME The Gourt made the following:
THE HONOURABLE SRI JUSTICE K.LAKSH1VIAN WRIT PETITION No.2O331 OF 2O21 ORDER:
Heard Sri V.T.Kalyan, learned counsel for the petitioner and Sri N.Praveen Kumar, learned standing counsel appearing for 2"d respondent and Sri Y.Rama Rao, learned Standing Courrsel appearing for 3.d respondent. With their consent, this Writ Petition is disposed of at the stage of admission itself.
2. The petitioner herein is claiming that he is the owner of the \ house bearing No.3-17/ 104 on Piot No.104 in Sy.No.249, admeasuring 308 sq.yards situated at Quli Qutub Shah Housing Colony Puppalguda village, Ranga Reddy district, under registered sale deed bearing No.637 of 2009, dated 28.O2.2009. The petitioner's vendor has obtained permission from Puppalaguda Gram Panchayat dated 28.03.2008 for the purpose of construction of compound wall along with room as shown in the plan. The vendor of the petitioner has to complete the construction within 12 months. According to the learned counsel for the petitioner, the vendor of the petitioner has completed the construction of compound wall and room in accordance with the said permission 'dated 28.03.2008. Now 2"d respondent without following due procedure of law, trying to demolish the said structure.
3. Whereas, learned Standing Counsel appearing for 2nd respondent would submit that the vendor of the petitioner did not complete the said construction within the time stipulated in the said permission, dated 28.03.2008 and moreover the petitioner is trying to occupy the park land. Therefore, 2"d respondent will take steps in accordance with law for recovery of the said property and also the demolition of the said structure.
4. In view of the said submissions, the Writ petition is disposed respondent not to interfere with the peaceful enjoyment of the petitioner over the above said prOperty. However, tiberty is granted to the 2nd respondent to take action in accordance with law by putting the petitioner on notice and by affording an opportunity of hearing. There sha, be no order as to costs.
of directing lna possess.ion and
5. Miscellaneous petitions pending in this writ petition, if any, shall stand closed in the light of this final order. SD/. M. MANJULA ASSISTANT REGISTRAR ,TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Municipal Administration and Urban Development Authority, State of Telangana, Secretariat Buildings, Hyderabad
2. The Commissioner, Manikonda tMunicipality, Manikonda, Ranga Reddy District.
3. Hyderabad Metropolitan Development Authority, (HMDA) Swarna Jayanti Complex, Sanjeeva Reddy Nagar. Road, Srinivasa NagarAmeerpet Hyderabad4. The Station House Officer, Narasingi Police Station, Ranga Reddy District500089.
5. One CC to Sri. V T Kalyan, Advocate [OPUC]
6. One CC to Sri. N. Praveen Kumar, Advocate (OPUC)
7. One CC to Sri. Y. Rama Rao, SC for HMDA (OPUC) B. Two CCs to GP for Municipal Administration & Urban Development, High Court \ for the State of Telangana. [OUT]
9. Two CCs to the GP for Home, High Court for the State of Telangana (OUT) 10.Two CD Copies.
PM )xl>
HIGH COURT DATED:08/09/2021 T L AT€ i (
ORDER
WP.No.20331 of 2021 o oo 1E SEP?ON -k "1';'
Disposing of the WP Without costs.
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