J.Madhusudan Rao v. G.H.M.C.

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEIVIBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER wRlT PETITION NO: 28979 OF 2012 Between:

J.Madhusudan Rao, S/o J.Prakash Rao, Aged about 57 F|/o. H.No.2-5-13, Ram Nagar, Hanamkonda, Warangal District. years, Occ: Business, ,.,PETITIONER AND '1 . G.H.M.C., represented by its Commissioner Lower Tankbund, Hyderabad

2. Dy. Commissioner Circle No.11, GHMC, Serilingampally [t4andal, R.R. District. ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to rssue a Writ or any appropriate Writ/s or direction more particularly in the nature of Mandamus to declare the action of the respondent in demolishing the structures over the schedule property i.e. House Property bearing Municipal No.160/30/50/1 36 on plot no 50 admeasuring 120 Sq.Yds situated at Anjaiah Nagar, Gachibowli village, Serilingampally Mandal, R.R.Dist, contrary to the HMC Act as illegal, arbitrary and un-co nstitutional and consequently direct the Respondents and its official not to demolish the structure raised over the schedule property i.e. House Property bearing Municipal No.1-60/30/50/1 36 on plot no.50 admeasuring 120 Sq.Yds situated at Anjaiah Nagar, Gachibowli village, Serilingampally Mandal, R.R. District, A.P.

WPMP. NO: 36975 OF 2012 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to lssue interim directions restraining the respondents or its agents, workmen personnel or anybody on behalf of respondent corporation not to demolish the structures raised on the House Property bearing Municipal No.1 -60/30/50/1 36 on plot no.50 admeasuring 120 Sq.Yds situated at Anjaiah Nagar, Gachibowli village, Serilingampally Mandal, R.R. District, A.P. pending disposal of the writ petition Counsel for the Petitioner: SRl. RAJAGOPALLAVAN TAYI Counsel for the Respondents: SRI SAMPATH PRABHAKAR REDDY, SC FOR GHMC The Court made the following: ORDER

THE HOT 'BLE DT. ]USTICE SHAMEEM AKTHER WR IT PETITION NO.2A979 0F 20L2

ORDER

This Writ P,rtition, under Article 226 of the Constitution of India, is filed by the petitioner, wherein the followinE prayer is made:

Writ or any appropriate Writ/s or direction more "...to issue a the nature of Mandamus to declare the action of rt in demolishing the structures over the schedule ., House Property bearing lYunicipal No.1particularly i the respond€ property i.( 60/30/s0/t3 at Anjaiah I\ i on plot N0.50 admeasuring 120 Sq. Yds. situated agar, Gachibowli village, Serilingampally Mandal, , District, contrary to the HIvIC Act as illegal, I unconstitutional and consequently direct the Ranga Redd arbitrary an and its official not to demolish the structure raised hedule property i.e,, House Property bearing Respon d en ts over the s( 1.-60/30150/L36 on plot No.50 admeasuring 120 :uated at Anjaiah Na9ar, Gachibowli Village, Municipal Nc Sq. Yds. s ly l"landal, Ranga Reddy District and be pleased to Serilingampe pass such otl er o rder.... "

2, Heard the ?arned counsel for the petitioner, Sri Sampath Prabhakar Redd' , learned Standing Counsel app3aring for respondents and lerused the record.

3.

Learned co rnsel for the petitioner would submit that the ii petitioner is the a rsolute owner of the house property admeasuring 120 square yard: situated at Gachibowli Village. Seri ingampally lVandal, Ranga R€ Cdy District, having purchased the same under a registered sale deed dated 27 .01.2072 vide document No.930/2012. Tl e respondents issued notice dated 04.06.2012 to the petitioner un ier Sections 452(1) and 461(1) of GHMC Act directing to show cause as to why action should not t)e taken to remove, alter or pull down the deviated portion/unauthorised

construction in respect oF the subject property. Though the petitioner submitted his explanation to the said show cause notice, the respondents are trying to demorish the structures raised over the subject property without following due process of law.

4. It is brought to the notice of this Court by the learned Standing Counsel for GHMC that an application dated 02.11,2015 was filed by the petitioner to avail BRS scheme during subsistence of the said scheme. A photo copy of the said application is annexed to the counter filed by the respondent corporation, 5.

Under these circumstances, the respondent Corporation shall consider the BRS apprication dated 02.11.2015 of the petitioner and dispose of the same in accordance with law. In case the BRS application oF the petitioner is rejected, the respondent corporation is entitled to demorish the unauthorised/iilegar structures made by the petitioner in the subject property by following due process of law.

With the above observaUon, this Writ petition is disposed of. No costs.

Miscellaneous petitions pending, if any, shall stand closed. SD/.K.ONESIM ASSISTANT REGISTRAR //TRUE COPY// { SECTION OFFICER To, The Commissioner, G.H.lr/,C., Lower Tankbund, Hvderabad fh" QV, Commissioner, Circte No.1.t GH[/C; SerilifigJmpafiy lVlandat, R.R.Dist one CC to Sri Rajaqopailavan Tavi. novoCiielcjpir"c.r one CC to Sri Samoath prabhakai Reddy, SC fOn CfuVC tOpUCl Two CD Copies One Spare Copy CHR daY-

HIGH COURT DATED:31 l12li 021 'I ( 0 t [ittq Z0?Z i

ORDER

W.P.No.28979 of 2012 + DISPOSING OI: THE WRIT PETITION WITHOUT COSiTS .\l'

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