The High Court disposed of a writ petition filed seeking removal of dilapidated structures by directing authorities to consider the petitioner's representation and issue notices before action.
Directed competent authority to consider representation; issue notice to owners/occupiers and afford opportunity of hearing before taking action.
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HIGH COURT FOR THE STATEOF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction)
THURSDAY ,THE TENTH DAYOF JUNE
TWO THOUSAND AND TWENTYONE
PRESENT
THE HONOURABLE SRI JUSTICEA.ABHISHEKREDDY
WRIT PETITION NO: 13045 OF 2021
Between:
Sved Ziauddin Hussainv S/oLate Syed Badiuddin Hussainy Ag ed about 52 td;,s,-OA- Private Service H. No. 23-1-'1030/5, MoghalpuraHyd erabad - 500 002.
...PETITIONER
AND
...RESPONDENTS
Petition under Article226 ofthe constitutionof lndia prayingthat in the circumstances statedin the affidavit filedtherewith, the High court may be pleasedto issue a writ, order or directionmore particularlyone in the natureof a writ of mandamus declaring thedeclaringthe in actionof the respondentsnot considering the representation dited01toot2o21as illegal, void, arbitrary and consequently direct the Respondents to take appropriatesteps to remove dilapidated structuresof the Land Owners/Neighborspending disposal of the writ petition.
lA NO: 1 oF 2021
Petition under Section 151CPC praying that in the circumstances stated in the affidavit filed in support of thepetition, the High court maybe pleased to_direct the Respondents to take appropriatesteps to remove dilapidated structures of theLand Ownersi Neighborspendingdisposal of the writ petition.
Counsel for the Petitioner:SRl'VLADIMEER KHATOON
counsel for the RespondentNo. 1: GP FOR MUNICIPAL ADMINISTRATION &
URBAN DEVELOPMENT
Counsel for the RespondentNo. 2: GP FOR REVENUE Counsel for the RespondentNo. 3: GP FOR LAND ACQUISITION counsel for the RespondentNos. 4 to 6: sRl. PUSHAM KRISHNA REDDY, SC FOR GHMC
The Court made the following:
THE FION'BLIT SItI JUSTICE A.ABHIS}{EK REDDY III{II' PETII'ION No.13045 of 2021
OI(I)LIt:
I{eard the learned coursel for the petitioner, the learned Government Pleader for Municipal Administration and Urban Development for responiient No.1, the learncd Government pleadt:r for l(evenue for responclent No.2, the learned Government pleacler ior l.ane1 Acquisition for respondent No.3, ancl Sri l)asham Krishna Rt,,.iti1,, tire learnecl Standing Counsel for CtIMC for rr:sponrlcnt Nos.4 to 6. With their consent, the Writ Petition is disposed of at tlre stal3e of ar.lmission.
'l'he rnain gric'r.,ance of the petitioner ir-r this writ petition is l:har the respondents are not considering thc representation made by hirr, on 0i.06.2A21 rcr,lucsting thern to take appropriate steps to rerlL,ve the clilapir.lateci stl.uctures of thc l.rrcrniscs in question.
I-laving regard to the facts arrd circurnstances of the case antl upon hearinl; thc learnr:cl counsel for the parties, without goirrg into the,,crits or clemerits of the case, thr: rv;it p.itition is dispos.cl of directing thc competent authority to consider the representation ..ratic by the petitiont'r. on 01.06.2021, a'd if the allegations rnac{e tlrt,lr,in are I.uncl to.'l:.uc, [.ktt rri,r:csserv action forthwith, strictly i,,:cr.rciancc,.,n/ ith law. iL is nccdlcss to ,ne.rtion that belore taking alrv a('iion, the ofliciaI rrspo.clcnts shail put the ow.ers/ oc.cup-rier.s of ll-re p,emises in question .n notice, call lor an explana t.ion ancl afford them an opporturritv of hearing.
2
The miscellaneous petitionspendinq,ifany, shallstand
closerl. fhere shall beuo orderds to costs.
SD/-T.KRISHNAKUMAR ASSISTANTREGISTRAR
\
//TRUE COPY//
t'
SECTIONOFFICER
To,
PMr./
HIGH COURT
DATED:10/06/2021
ORDER
WP.No.13045 ot 2021
r.ffi<br>g r6JUuzoz' t)
Disposing of the WP Without costs.
n-r-
3 issues framed by the court
Whether respondents must consider the representation dated 01.06.2021 requesting removal of dilapidated structures.
Whether notice must be issued to owners/occupiers before taking action.
Whether the writ petition can be disposed of at the stage of admission.
2 provisions across 2 enactments
Sved Ziauddin Hussain
State of Telangana
Collector and District Magistrate, Hyderabad
Sol. Dv. Collector, Land Acquisition Officer, Greater Hyderabad Municipal Corporation
Greater Hyderabad Municipal Corporation
Chief City Planner, Greater Hyderabad Municipal Corporation
A. Abhishek Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
