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High Court for State of TelanganaWP/20150/2015dismissed as infructuous

Palthiya Lachiram, v. The State Of Telangana

2015-11-30C.V.Nagarjuna Reddy4 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE SECOND DAY OF JULY, TWO THOUSAND AND FIFTEEN :PRESENT:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WP .NO: 20150 of 2015 Between:

1 Palthiya Lachiram, S/o. late Samya 2 Smt. P. Renuka Devi, W/o. Palthiya Lachiram 3 Smt. P. Ganga Bai, W/o. Late Samya ..... Petitioners AND 1 The State of Telangana, rep. by its Principal Secretary (Municipal Administration), Secretariat, Hyderabad.

2 The Dy. Commissioner, 20, GHMC, Circle 11, Serilingampalli, RR District.

3 The Commissioner, Greater Hyderabad Municipal Corporation, Liberty, Tank Bund Road, Hyderabad.

Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to pass on order or writ more particularly in the nature of Writ of Mandamus, by duly declaring the action of the second respondent in issuing the notice U/s 636 of GHMC Act, when our applications under GO Ms.No.58 is pending consideration with the revenue department, in respect of H.No.2-2/A, at Gopanapalli Village, Serilinagampalli Mandal, Ranga Reddy District, bounded by North: Road, South, West and East the part of survey number 35, and consequently struck down the notice No.111/US/WN/CIR-11/WZ/GHMC, dated 18th June, 2015 direct the second and third respondent not to dispossess and not to dismantle the above said house in the interest of justice. WPMP.

NO: 25984 of 2015 Petition under Section 151 of C.P.C. Praying that in the circumstances stated in the affidavit filed in the W.P., the High Court may be pleased to suspend the operation of notice No.111/US/WN/CIR-11/WZ/GHMC, dated 18th June, 2015 and direct the second and third respondent not to interfere with the petitioner's peaceful possession of the H.No.2-2/A, at Gopanapalli Village, Serilinagampalli Mandal, Ranga Reddy District, admeasuring about 450 sq. yards, bounded by North: Road, South, West and East the part of survey number 35, pending disposal of WP No. 20150 of 2015 on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri P. Rama Sharana Sharma, Advocate for the Petitioners, G.P. for Municipal Administration (TG) for Respondent No.1 and Sri Sampath Prabhakar Reddy, learned Standing Counsel for GHMC, for Respondent Nos.2 & 3, the Court made the following ORDER:

Mr. Sampath Prabhakar Reddy, learned standing counsel for GHMC, submits that subject properties are already demolished and seeks 10 days time to file counter.

List after 10 days. Meantime both parties shall maintain status quo existing as on today at 3:40 PM.

ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The Principal Secretary (Municipal Administration), State of Telangana, Secretariat, Hyderabad.

2 The Dy. Commissioner, 20, GHMC, Circle 11, Serilingampalli, RR District.

3 The Commissioner, Greater Hyderabad Municipal Corporation, Liberty, Tank Bund Road, Hyderabad.

(Addressees 1 to 3 BY RPAD) 4 One CC to Sri P. Rama Sharana Sharma, Advocate (OPUC) 5 Two CCs to the G.P. for Municipal Administration (Telangana), High Court, Hyderabad. (OUT) 6 One spare copy.

nnr HIGH COURT PNR,J

DATED: 02-7-2015 NOTE: List after ten days

ORDER

W.P.NO. 20150 OF 2015 DIRECTION HIGH COURT Nnr Date of Drafting : 02-07-2015

PNR,J DATED: 02-7-2015 NOTE: List after ten days

ORDER

W.P.NO. 20150 OF 2015 DIRECTION