Mohammed Sharfuddin v. The Commissioner,

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 46671 of 2018 ORDER:

The present writ petition came to be filed seeking issuance of writ of mandamus, directing the notice under Section 636 of the HMC Act, bearing Order No.

899/ UC/ TPS/ C11/ SZ/ GHMC/ 2018, dated 19.12.2018 issued by the Deputy Commissioner, Circle No.11, GHMC, the 2nd respondent herein, as illegal, void and contrary to Sections 452, 461 and 636 of the Hyderabad Municipal Corporation Act.

2.

At the time when the matter is taken up for hearing, the learned counsel for the petitioner would submit that without following the due process of law, the authorities are trying to interfere with the property in dispute by demolishing the same. 3.

The learned Standing Counsel for Greater Hyderabad Municipal Corporation would submit that by mistake, notices have been issued to the vendor of the petitioner and that the respondents now intend to withdraw the said notices and take steps against the petitioner by issuing fresh notice. He further submits that notice under Section 451(1) was issued to the petitioner on 22.12.2018 calling upon the petitioner to give his explanation within seven days.

4.

Having regard to the above, this writ petition is disposed of at the admission stage, directing the authorities not to take any

coercive steps of demolition/ removal of structures in the subject land, except in accordance with the procedure established by law. 5.

Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs.

_________________________ JUSTICE C. PRAVEEN KUMAR 24.12.2018 DMG