Writ petition challenging demolition of respondent's flat for unauthorized construction. Court noted deprivation of notice due to locked flat, accepted submission that no demolition occurs without notice per G.H.M.C. Act, and disposed of petition without costs.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Specia! Original Jurisdiction)
THURSDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY
PRESENT
THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM
WRIT PETITION O: 12559 OF 2020
Between:
Kapavarapu Venkata Sambasiva Rao, S/o.K Pundarikashudu Aged 42 years, Occ. Private Employee R/o. Flat No 201 in Second Floor SVS Residency on Plot No. 22 Vijayanagar Colony (Eenadu Society) Kukatpally Village tr/edchal- Malkajgiri District
.PETITIONER
AND
...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 issue Writ lVandamus or any other appropriate writ order or orders by declaring the action of the respondents no 2 and 3 in trying demolish the petitioner property bearing Flat No 201 in Second Floor SVS Residency on Plot No 22 Vijayanagar Colony (Eenadu Society) Kukatpally Village lVedchal- lValkajgiri District without following due process of law which is illegally arbitrary and violative or principles of natural justice and consequently direct the Respondents not to dispossess the Petitioner without proper notice and opportunity of being personally hearing and
lA NO: 1 OF 2020
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may bepleased togrant stay of demolition of property of the petitioner bearing Flat No 201 in Second Floor SVS Residency on Plot No. 22 Vijayanagar Colony (Eenadu Society) Kukatpally Village lVedchal- tValkajgiri District, which is alleged deviation/ unauthorized construction pending disposal of the above writ petition.
Counsel for the Petitioner: SRI M. LAXMAN RAO
Counsel for the Respondent No.1:
GP FOR MUNTCIPAL ADMINISTRATION AND URBAN DEVELOPMENT
Counsel for the Respondent Nos. 2&3: SR! SAMPATH PRABHAKARREDDY,
STANDING COUNSEL FOR GHMC.
The Court made the following: ORDER
THE HON'BLE SRI JUSTICE CHALLAKODANDA RAM
ORDER
This writpetition is filed seeking a mandamus to declare the actionof Respondents2 and 3 in trying to demolish the petitioner'spropertybearingFlat No' 201' SVS Residency' Plot No.22,Vijayanagar Colony' Kukatpally Vlllage' Medchal- MalkajgiriDistrict, without following due process as illegal and a rbitrarY .
Heardlearnedcounselforthepetitioneraswellaslearned StandingCounselfortherespondent_CorporationSriSampath PrabhakarReddY
It is thecase of the petitioner that the .respondents are threateningto demolish his flat without following Que process' ThelearnedStandingCounselsubmitsth,at.withrespectto the complexwhere the petitioneris residing, havingfound certaindeviations,noticesWereissuedtoallotherflatowners, however,asthepetitioner,sflatwaslocked,nonoticecouldbe servedonhim.However,hewouldassertthatnodemolition wouldbecarriedoutwithoutissuingnoticeandcallingforl consideringtheexplanationaSmandatedutrderSections45l, 452and636oftheGreaterHyderabadMunicipalCorporation Act, 1955
ThesubmissionmadebythelearneclStandingCounselis madepartoftherecordandwithafurtherobservationthatany violationwouldonlyresultintheofficerConcernedbeingmade
2
liable to PaYcosts and damages,the Writ Petition is disPosedof'
No costs
The miscellaneousApplications,if any shall standclosed
SD/-1. NAGALAKS lrX'llI ASSISTANTREGI9,RAR
//TRUECOPY// SECTIONT6FFICER
Prk
HIGH COURT
DATED:1310812020
1 S TA 76:
2
C) 24 AlJCzUo C)
*
t
ORDER
WP.No.12559 of 2020
Disposing of the WP. without costs.
1 issue framed by the court
Whether the action of respondents No. 2 and 3 in trying to demolish the petitioner's property without following due process of law was illegal and arbitrary.
1 provisions across 1 enactments
Kapavarapu Venkata Sambasiva Rao
State of Telangana
Greater Hyderabad Municipal Corporation
Deputy Commissioner
Challa Kodanda Ram
As recorded by the court registry
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