The High Court allowed a writ petition challenging the anticipated demolition of petitioners' structures pending regularization. The Court ordered maintenance of status quo and disposed of the matter.
Status quo maintained regarding structures pending consideration of regularization application; writ petition disposed of.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT
THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 14907 of 2008
Between:
1 M.Jayaram Reddy S/o.Sri M.Ram Reddy R/o.H.No.1-2-63, Hydernagar, Balanagar Mandal, Ranga Reddy District.
2 K.Ravi Chandra Reddy S/o.Sri Ram Chandra Reddy R/o.H.No.1-2-63/6, Hydernagar, Balanagar Mandal, Ranga Reddy District.
3 M.Vijaya Bhaskar Reddy S/o.Sri M.Ram Reddy R/o.H.No.1-2-63/1/A, Hydernagar, Balanagar Mandal, Ranga Reddy District.
..... PETITIONER(S)
AND
The Greater Hyderabad Municipal Corporation, Kukatpally Circle, rep. by its Deputy Commissioner.
.....RESPONDENT
Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a Writ of Mandamus or any other appropriate Writ, order or direction declaring the action of the Respondent in threatening to demolish the constructions made by the Petitioners in Survey Nos. 172/2 of Hydernagar, Balanagar Mandal, Ranga Reddy District inspite of the pendency of the application for Regularization of the same and without issuing any notice afresh as illegal, arbitrary, unreasonable and violative of Article 14 of the Constitution of India and pass such further order or orders.
Counsel for the Petitioner:MR.A.V.SESHA SAI
Counsel for the Respondent No.: (SC FOR MCH CIRCLES 3&5)KALPANA EKBOTE
The Court made the following :
THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 14907 OF 2008
ORDER:
1. This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the Respondent in contemplating to demolish the constructions made by the petitioners in Survey Nos. 172/2 of Hydernagar, Balanagar Mandal, Ranga Reddy District as illegal and arbitrary.
2. This is second writ petition filed by the petitioner. Earlier the petitioner filed W.P.No.7625 of 2006 when the Municipality tried to evict them on the ground of their encroaching a road portion. They filed W.P.No. 7652 of 2006 and secured interim stay in W.P.M.P.No.10131 of 2005 on 6-4-2005. The instant writ petition has been filed apprehending demolition of the structures made by them during the pendency of their application for regularization under ‘Building Penalization Scheme’.
3. The grievance of the petitioners is that the respondent is contemplating the demolition the structures pending consideration of their application under ‘Building Penalization Scheme’. 4. Heard learned counsel appearing for the petitioners and learned standing counsel appearing for the respondent.
5. The factual aspect of the petitioners filing application under Building Penalization Scheme is not in controversy.
6. In that view of the matter, there shall be status quo with regard to the structures existing on the land owned by them pending
consideration of their application filed under Building Penalization Scheme.
7. Accordingly, the writ petition is disposed of. No order as to costs.
_____________________________ Justice B.Seshasayana Reddy 11th July, 2008. Note: C.C.in two days B/o KM
THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY
WRIT PETITION NO. 14907 OF 2008.
TH 1 1 JULY, 2008.
2 issues framed by the court
Whether the High Court should declare illegal the respondent's action of contemplating demolition of petitioners' constructions pending regularization application.
Whether there should be maintenance of status quo regarding the structures existing on land owned by petitioners.
1 provisions across 1 enactments
M. Jayaram Reddy
K. Ravi Chandra Reddy
M. Vijaya Bhaskar Reddy
The Greater Hyderabad Municipal Corporation
B. Seshasayana Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
