Dismissed

Abul Hasnath Complex Maintenance and Welfare Association v. The State of Telangana and 3 others

Telangana HC17 Sept 2021WP/16845/2020

Case brief

AI extract

What is this about?

The High Court permitted the withdrawal of a writ petition filed by an association challenging inaction regarding illegal construction and encroachment within a complex in Hyderabad. The petition was dismissed as withdrawn.

What did the court decide?

The writ petition was dismissed as withdrawn following permission for withdrawal.

Abul Hasnath Complex Maintenance and Welfare… — Writ and Judicial Review | Telangana HC (2021)

¶1

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

¶2

FRIDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY ONE

¶3

PRESENT

¶4

THE HON'BLE SRIJUSTICE K.LAKSHMAN

¶5

wRlT PETITION NO. 1684s OF 2020

¶6

Between:

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Abul Hasnath Complex Maintenance and Welfare Association, Rep. by its General Secretary, Mohammed Zaheeruddin, S/o. Mohammed Moinuddin, aged about 43 years, Occ- Business, R/o. H. No. 20-4-1112118,2nd Floor,^'B' Block, Juiu Khana, Lad Bazar, Hyderabad, T.S.

¶8

...PETITIONER

¶9

AND

¶10

The State of Telangana, Rep.by its Principal Secretary, Municipal Administration, Secretariat Buildings, Hyderabad, Telangana.

¶11

Greater Hyderabad Municipal Corporation, Rep. by its Commissioner, Having office at Tankbund Road, Hyderabad, Telangana.

¶12

Town Planning Officer Charminar, Having Office at Sardar Mahal, Hyderabad, Telangana.

¶13

Syed Nayeemuddin @ Saber, S/o. Late. Syed Nizamuddin, Aged about 41^years, Occ: Business, F/o. 20-5-446, Shakker Guni, Hyderabad, T.S.

¶14

...RESPONDENTS

¶15

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 pass an order, direction or a writ particularly in the nature of Writ of Mandamus declaring the inaction of the respondent Nos. 2 and 3 on the representation of the members of petitioner society dated 2110912020, as illegal arbitrary unconstitutional and against the principles of natural^justice and consequently this Hon'ble Court may be pleased to direct the respondents 2 and 3 to stop illegal construction/ encroachment of cellar /parking space of Abul Hasnath Complex M.C. No. 21-2-433, 21-2-360 and 21-2-361 total admeasuring 751 Sq yards situated at Lad Bazar Main Road, Charminar, Hyderabad, Telangana and to remove the illegal construction being raised in the said complex.

¶16

lA NO: 1 OF 2020

¶17

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased direct the respondents 2 and 3to stop illegal construction/encroachment of cellar /parking space of Abul Hasnath Complex M.C. No. 21-2-433, 21-2-360 and 21-2-361 total

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admeasuring 751 sq yards situated atLadBazar Main Road, charminar, Hyderabad, Telangana.

¶19

lA NO: 2 OF 2020

¶20

Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to directed the respondents land 3 to remove the illegal construction being raised in the Abul Hasnath complex M.c. No. 21-2-433,21-2-360 and 21-2-361 total admeasuring 7s1 Sq yards situated at Lad Bazar Main Road, Charminar, Hyderabad, Telangana.

¶21

Counsel for the Petitioner: Mr. SyED YASAR MAMOON

¶22

counsel for the Respondent No.1: cp FoR MUNtclpAL ADMtNrsrRATtoN AND URBAN DEVELOPMENT

¶23

Counsel for the Respondent Nos.2 & 3: SRI PASHAM KRISHNA REDDy, S.C. FOR GHMC.

¶24

Counsel for the Respondent No.4: Mr. MOHD. ASHFAe

¶25

The Court made the following: ORDER

¶26

THE HONOURABLE SRI JUSTICE K. LAKSHMAN

¶27

WRIT PETITION No.l 6845 of 2O2O

¶28

ORDER:

¶29

Learned counsel for the petitioner seeks permission of

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this Court to withdraw the present writ petition.

¶31

Permission is accorded.

¶32

Accordingly, this writ petition is dismissed as

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withdrawn granting tiberty as sought for. No costs.

¶34

Miscellaneous petitions, if any, pending, shall stand

¶35

closed.

¶36

//TRUE COPY//

¶37

SO/. N.CHANDRA SEKHAR RAO ASSISTANT REGISTRAR G,

¶38

SECTION OFFICER

¶39

¶40

1 . One CC to Mr. Syed Yasar Mamoon, Advocate [OPUC]

¶41

Two CCs to GP for Municipal Administration and Urban Development, High Court for the State of Telangana at Hyderabad. [OUT]

¶42

One CC to Sri Pasham Krishna Reddy, S.C. for GHMC.(OPUC)

¶43

One CC to Mr. Mohd. Ashfaq, Advocate^(OPUC)

¶44

Two CD Copies.

¶45

One Spare Copy.

tMP

HIGH GOURT

DATED:1710912021

ORDER

WP.No.16845 ot²⁰²⁰

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¶52

DISMISSING THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS.

Abul Hasnath Complex Maintenance and Welfare Association v. The State of Telangana and 3 others

Case brief

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Abul Hasnath Complex Maintenance and Welfare Association v. The State of Telangana and 3 others

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