M. Vipin Kumar Reddy, v. Greater Hyderabad Municipal Corporation

HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO Writ Petition No. 36972 of 2012 Order:

Heard learned counsel for the petitioner and the learned Standing Counsel for the respondents.

It is the case of the petitioner that he is the owner and possessor of Plot Nos.521/1 and 521/2, situated in Block No.B in SurveyNo.134/20 of Shastripuram Colony, Milardevpally village, Rajendranagar Mandal, Ranga Reddy District. He states that he purchased the said two plots under two registered sale deeds dated 21.10.1991 and he has been in possession of the same since the date of purchase. He submitted an application to the municipal authorities for construction of an industrial shed for establishment of Monoplast Industries and permission was accorded for construction of industrial shed on 20.06.1996. Thereafter, he established a Monoplast Industry and he has been paying taxes to the concerned Government authorities.

While so, one Mohammed Nisar Ahmed, S/o late Mohammed Zahoor Ahmed approached the petitioner for leasing out a portion of the said industrial shed in his favour and a rental agreement was executed on 11.07.2011 in his favour. On 06.09.2012 a demolition squad belonging to the respondents came to the spot and demolished the entire industrial shed and handed over a copy of the show cause notice dated 26.06.2012. The petitioner submitted an explanation on 25.09.2012 and the same was received by the respondents. In spite of the same, when the respondents tried to interfere with the property of the petitioner, the present Writ Petition was filed. Even after four years, no counter affidavit is filed by the respondents.

In the circumstances, this Court has no other alternative except to dispose of the Writ Petition with a direction to the respondents not to interfere with the property of the petitioner except in accordance with law. The Writ Petition is, accordingly, disposed of. There shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

____________________________ A. RAMALI NGESWARA RAO, J Date: 16.12.2016 Nsr