K. Babu Rao v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No. 26530 OF 2019 O R D E R :

This writ petition is filed challenging the action of 4th respondent in trying to demolish petitioner's house bearing Municipal No.8-2-293/82/A/787/1/PH and for a consequential direction to respondents not to interfere with the peaceful possession and enjoyment of the petitioner over the said property, without following due process of law.

Heard learned counsel for the petitioner who submits that the subject shed has been erected long back.

Sri Pasam Krishna Reddy, learned Standing Counsel for GHMC submits that without any permission the petitioner has erected the shed on the terrace of the building, as such, the respondent authorities are entitled to take action for removing the same. He further submits that as on today, petitioner is making construction, as such, respondent authorities are trying to stop the construction as the same is without permission.

The same is disputed by learned counsel for the petitioner. In view of the aforesaid facts and circumstances, the writ petition is disposed of directing the respondent authorities not to interfere with the possession and enjoyment of the petitioner over the subject property. Since it is stated that the petitioner is making

construction without permission, it is open for the respondent authorities to take action after issuing notice to the petitioner. If petitioner wants to start fresh construction without permission, it is open for the respondent authorities to stop the same. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any pending in the writ petition, shall stand closed.

___________________________ A.RAJASHEKER REDDY, J 09.12.2019 t k.

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No. 26530 of 2019 09.12.2019 tk