High Court for State of TelanganaWP/12454/2016disposed of no costs

Md.Jalaluddin, v. The State Of Telangana,

2016-04-18Sanjay Kumar2 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.12454 of 2016 ORDER:

Heard Sri Mohd. Zia-Ul-Haque, learned counsel for the petitioner, and Sri Pasham Krishna Reddy, learned Standing Counsel for the Greater Hyderabad Municipal Corporation. The prayer of the petitioner in this case is as under: "For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon'ble Court may pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Nos.2 & 3 in issuing the Impugned Notice dt.02-01-2016 vide Lr.No.1710/RW(SRDP)/ACP/C3B/GHMC/ 2015/4, besides demanding that the affected portion of the House property bearing Municipal No.9-7-87, on Plot No.2, Part, admeasuring 120 Sq.Yards or 100.32 Sq.Mts., situated at Ward No.9, Block No.

7, Maruthinagar of Sultanvalva Village, Saroornagar Revenue Mandal, Ranga Reddy District, under L.B.Nagar Municipality, should be handed over to them free of cost within 48 hours is arbitrary and illegal and also violative of Section 146 and 147 of Hyderabad Municipal Corporation Act and Article 300-A of the Constitution of India in the interest of justice and may pass such Order or Orders as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."

The petitioner filed a copy of the sale deed on the basis of which he claims title and possession over the subject land. According to him, the municipal authorities are resorting to road widening in his land without following the due procedure.

The writ petition is accordingly disposed of directing the municipal authorities not to cause any demolition or interference with the subject property claimed by the petitioner under the afore-stated registered sale deed except in accordance with the due procedure laid

down by law.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ JUSTICE SANJAY KUMAR 18th April, 2016 IBL