Aqueab Ahmed v. The State Of Telangana

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 18408 of 2018 O R D E R:

In this writ petition, grievance of the petitioner is that the respondent authorities have partly demolished the compound wall and sheds in H.Nos.18-2-888/1/B, 1/C and 18-2-888/1/A and 18-2-888/1/A/2 situated at Chawni Gulam Murtuza, Kandikal Village, Falaknuma Railway Station, Hyderabad.

Respondent No.4-Assistant City Planner, Greater Hyderabad Municipal Corporation, Circle No.4, Sardar Mahal, Hyderabad filed a counter-affidavit along with photographs stating that the petitioner has occupied the nala and dumped the dismantled material into it and constructed the compound wall; that the documents filed by him are created for the purpose of grabbing the nala and that when the respondent authorities are proceeding with the construction of retention of the wall, the petitioner had obtained an order of status quo from the civil Court.

Learned counsel for the petitioner pleads that demolition has been proceeded without notice, as such, the same cannot be accepted.

Under the provisions of the Greater Hyderabad Municipal Corporation Act, in case obstruction is caused to the natural flow of water etc., the respondent authorities are entitled to take action.

Be that as it may, in the present case, as on date, admittedly, the compound wall around the subject premises has already been demolished. If further demolition is required, the respondent authorities shall issue notice to the petitioner calling for his explanation and after considering the same, take necessary action, in accordance with law.

The writ petition is accordingly disposed of. Miscellaneous petitions, if any, pending in this writ petition shall also stand disposed of. There shall be no order as to costs. _________________________ CHALLA KODANDA RAM, J Dt:31.10.2019 kdl