Dismissed

M/s Suvishal Power Gen Limited v. The Greater Hyderabad Municipal Corporation and 4 Others

Telangana HC16 Jul 2021WP/16183/2021

Case brief

AI extract

What is this about?

The High Court of Telangana dismissed a writ petition filed by Suvishal Power Gen Limited under Article 226 of the Constitution and a Section 151 CPC application, declaring both proceedings infructuous without costs.

What did the court decide?

The writ petition and pending miscellaneous petitions were dismissed as infructuous without costs.

M/s Suvishal Power Gen Limited Vs The Greater… — Landlord and Tenant | Telangana HC (2021)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

¶2

FRIDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HON'BLE SRI JUSTICE M. S. RAMACHANDRA RAO AND THE HON'BLE SRI JUSTICE T. VINOD KUMAR

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Between:

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WRIT PETITION NO: 16183 oF 2021

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lr//s suvishal Power Gen Limited a company rncorporated under the comoanies Act 1e56 havinq its Reoc, offic;€r 5_l_6i';;i 84,-Abi;r;""ilffii;;: S.D.Road, Secuiderbad.^"represented by its Auihorised ,,g;r];,y16;.i"i lil?. P.V S. Sarma, Sio.Late p v^enfateiwarir.'egli',fo';rrs, occ. Business, R/o Flat No.'1 , Sree Apartments, Gandhinagar. HvE"LUr'01'

¶8

AND

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...PETITIONER

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Municipat corporation, Tank Bund, Hyderabad, Rep by #US;TL"li;Serabad

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The Chief City Planner, Greater Hyderabad I/unicipal Corporation, Tank Bund, Hyderabad. The Zonal commissioner. Greater Hyderabad Municipar corporation, Kukatpafly, Hyderabad.

¶12

The Deputy Commissioner, Greater Hyderabad Municipal Corporation, Kukatpally, Hyderabad.

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E S.Venkannagarj Venkata Kishan Bharat, S/o Venkata Kishan Rao. Aoed 39 years, R/o Ftat No.102, ptot No.SS and 56, Ramaian Ntagai frj[jtpjilvl^"" Hyderabad.

¶14

...RESPONDENTS

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Petition under Article 226 of the constitution of lndia praying that in tfe circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 1 to 4 in not initiating any action against the illegal constructions being made by the Sth respondent in the land in Sy.No.172 of Hydernagar village, now Kukatpally lr,4andal, in violation of the statute without any construction permission inspite of issuance of final order/notice under Sec,636 of HMC Act, dt.16/03/2021, as highly illegal, arbitrary u nco nstitutio na I and violation of the provisions of the GHMC Act and the Rules made under there and consequently direct the respondents 1 to 4 herein to demolish/remove the illegal and un-authorised constructions made by the Sth respondent in the land in Sy.No.172 of Hydernagar village, which was constructed without construction permissions in the interest of^justice while initiating inquiry and take action against the staff of GHIVC for dereliction of duty in this regard

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IA NO: 10F²⁰²¹

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Petition under^{Section 151 CPC prayingthat in the circlmstances statedin} theaffidavitfiledinsupportofthepetition,theHighCourtmaybepleasedtodirect therespondentslto4tosealthepremisesinSy,No.lT2ofHycernagarvillage,now KukatpallyMandal,tostopalltheConStructionaCtivitywhereth€illegalconstructions are being^{made by the sth respondent on the premises uporl which final notices} were issued^{in the interest of justice, pending disposal of the writ petition}

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Counsel for^{the Petitioner:SRI K' S' MURTHY}

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Counsel for^{Respondent Nos. 1 to 4l SRI SAMPATHPRABHAI(ARREDDY} SC FOR GHMC

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Counsel for^{ResPondentNo. 5:} --

¶21

The Court made the^{following:ORDER}

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HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO

¶23

¶24

AND

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HONOURABLE SRT JUSTICE T. VINOD KUMAR

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WRIT PETITION NO.I6183 OF 2O2I

¶27

ORDEII:

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t l', r .\n .Jt/Jtic? \l .\ RantoL'handra Raot

¶29

[-eanrcd coLrnsel 1br the petitioner has tlled a letter say'ing that the

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\'r'it I)ctition has bccortrc inll'uctuous.

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Recording the sarne. the Writ Petition is disrnissed as in I'ructuous

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Pending rriscellaneous petitions, if any, in this Writ Petition shall

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alsr stand disrnissed. No costs

Sd/'K. ONESIM ./''

ASSISTANT^REGISTRAR

//TRUE COPY//

SECTION OFFICER

To, 1. One CC to Sri K S Murthv Advocate IOPUC] i, 5;; dd 6 5;i^{SrrpJtni'uonakarFieddv, Sc ror GHMc IoPUC]}

¶40

Two CD CoPies 4. One Spare^CoPY MBC tvll,4Tr d

¶41

I{IGH COURT

¶42

DATED: 1610712021

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¶44

ORDER

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WP.No.16183 ot 2021

¶46

DISMISSING THE WRIT PETITION AS

¶47

INFRUCTUOUS, WITTIOUT COSTS

M/s Suvishal Power Gen Limited v. The Greater Hyderabad Municipal Corporation and 4 Others

Case brief

What is this about?

What did the court decide?

M/s Suvishal Power Gen Limited v. The Greater Hyderabad Municipal Corporation and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

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