Dismissed

Mrs. Mahjabeen Sultana v. The Greater Hyderabad Municipal Corporation

Telangana HC23 Jun 2021WP/13354/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging an order to demolish premises by GHMC. With the respondents' consent, the petition was disposed of at the admission stage without a full hearing, directing cooperation regarding a specific structure but not the tin-shed premises.

What did the court decide?

Writ petition disposed of at the stage of admission with consent of respondents; petitioner directed to cooperate with authorities regarding dilapidated building.

Mrs. Mahjabeen Sultana Vs The Greater Hyderabad… — Writ and Judicial Review | Telangana HC (2021)

¶1

H'GH COURT FOR THE ;,;^j if, it :iffi ?:;;:;^,^{*,^}

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wEDNS_s.ojL THE TWENT. rHtRD DAyoF JUNE TWo rHousAND AND rwEruri bruE "",".

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PRESENT THE HONOURABLE SRIJUSTICE A.ABHISHEK REDDY

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Betwee n:

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WRIT PET tTto N NO: 13354 0F 2021

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['4 rs lvahjabeen suitana. wo. Mir shgryqr Ahmed, Aged 42 years, occ. Housewife, Proprietor of Kenwood Furniture, nlo. HlNo.io_s_"oijz,'0U virjrip"i n-vo"r"ir"ui,'n"p by GPA Hotder. Sved Jatatuddin Akbrr, Si" svuj,s;y;;;;;;,'i;Lo'66"Gliri,, o." Business, R/o. OtdtValakpet, Hydeiibid.-^vvrvvvur

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...PET|T|ONER

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AND

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The Greater Hyderabad r,4unicipar corporation, Rep. by its commissioner, Tank Bund. GHtt/C. Hvderabao

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The Greater Hy{erabad Ir,4unicipal Corporation,, Rep. by its Deputy

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Commissioner, Circle no.14. Abids, Hvderabad.

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3 The Grealqr Hyderabad l,4unicipal Coiporation, Rep. by its Assistant Town Planner, Circle No.14, Abids, Hyderabad.

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...RESPONDENTS

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Petition under Article 226 o'f the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ order or direction more in the nature of Writ of Mandamus declaring the action of the respondents in issuing the impugned Speaking Order d1.27.4.2021 vide Proc.No. 1 22911 l4lDl ACP lTPSlCl 4/cHMCl2021 and directing the petitioner to vacate and demolish the premises under his occupation under name and style "Kenwood Furniture" in premises bearing No. 4-1-122913 situated at Boggulkunta, Hyderabad, without following any due process of law as illegal, arbitrary, contrary to law and in violation of principles of natural^justice and consequently direct the respondents not to demolish the premises under the occupation of petitioner pursuant to the impugned order dt. 27.4.2021

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lA NO: 1 OF 2021

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Petition under section 151 CPC^{praying thatin the circumstances stated in the} affidavit filed in support of the^{petition,the High court may be pleased to directthe} respondents herein not to demolish^{the premises under the occupationof petitioner} ,nd", nrr1u and style^{"Kenwood Furniture" in premisesbearing No 4-1-122913} situated at Boggulkunta,^{Hyderabad, pursuantto the impugnedorder dl. 27.4.2021} vide Proc. No.^-Proc. No. 1 22'9^{t 1} I 4t)t^{ACP tT PS/Cl 4/GHIVC/202'.1, pending d isposal of} the writ^petition

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Counsel for the^{Petitioner: SRI PRAMODSINGH}

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Counsel for the Respondents^{: SRI N.ASHOK KUMAR}

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S.C. FOR G.H.M.C.

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The Court made^{the following:ORDER}

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I I

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THE HON'BLE^SRI JUSTICE^{A.ABHISHEKREDDY}

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WRIT PETITION^{No.13354 of 2021}

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ORDER:

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Hearcl the learned counsel^{for thepetitioner and} Sri N. Ashok Kumar', the learned^{Standing Counsel for GHMC,for} respondent Nos.1 to 3. With their consent, the Writ^{Petition is disposed of} at the stage of admission itself.

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This writ petition is filed seeking a writ of martdamus declaring the action of the respondents in passing the impugned speaking order dated 27 .04.2027 directing the petitioner to vacate and demolish the premises under his occupation under name and style "Kenwood Furniture,, in the premises bearing No.4-"1-"1229 / 3 situated at Boggulkunta, Hyderabacl, n,ithout following due process of law, as illegal and arbitrary.

¶28

The learned Standing Counsel, on instructions, has stated that pursuant to the common order dated 04.02.2021, passed by this Court in W.P.No.30821 of 2018 and batch, the Commissioner, GHMC, has passed the impugned speaking orders on 22.04.202L. Learned Stancling Counsel has further stated that trre old brick and mortar building, which is in the middle of the strbject premises viz., Gulshan Manzil is only being demolished. Insofar as the tin coverecl premises viz., Kenwood Furniture is concerned, the same is not being touchecl by the responclent officials,

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Recording the above made submissions, the writ petition is clisposed of. Howe,er, it is made clear that the petitioner shall cooperate rvith the authorities in demolishing the clirapidated b,-rilding and srral not cause any obstr.uction when the same is demolished_

¶30

The miscellaneous petitioru pending, if any, shallstand closed.

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There

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shall be no order as to cos ts.

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//TRUE COPYII ASS?SD#ilfETbf,q'JH /

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¶35

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o*""' Hvderabad Municipar corporation, circre lii i,d,rJ&^d,l*#lil:,,

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o. ff^{iS3B";t|:i'Jl,%1?lfllril33[J?,t9,,73?3,,":} 7. une spare Copy Kj

HIGH^COURT

DATED:2310612021

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ORDER

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WP.No.13354 of 2021

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

¶47

5
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Mrs. Mahjabeen Sultana v. The Greater Hyderabad Municipal Corporation

Case brief

What is this about?

What did the court decide?

Mrs. Mahjabeen Sultana v. The Greater Hyderabad Municipal Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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