Allowed

Sri. Tunuguntla Venkata Ravi Krishna v. Greater Hyderabad Municipal Corporation and another

Telangana HC2 Nov 2021WP/27311/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking directions to prevent illegal demolition of structures. While the petitioners claimed ownership and compliance, the court noted unauthorized third and fourth-floor construction. It directed respondents to not demolish until providing notice and an opportunity of hearing for the unauthorized portions.

What did the court decide?

Granted liberty to respondents to take steps in accordance with law regarding unauthorized construction by putting petitioner on notice, calling explanation, and affording opportunity of hearing befor

Sri. Tunuguntla Venkata Ravi Krishna Vs Greater… — Landlord and Tenant | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original J urisdiction)

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TUESDAY,THE SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN

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WRIT PETITION NO: 27311 OF 2021

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Between:

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Sri. Tunuguntla Venkata Ravi Krishna, S/o.Sri. T lvlohan Rao Aged 35 yrs, Business RJo. Plgt No. 39, Flat No. 201, SVS Majestic, Vijaya Nagar Colony, Road No.1 Opp. Patel Kunta Park, Kukatpally Hyderabad, Telangana State.

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...PETITIONER

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AND

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1 Greater Hyderabad Municipal Corporation, Rep.by its Commissioner, Lower Tank Bund Road, Hyderabad- 500004

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2 Greater Hyderabad Municipal Corporation, Rep. by its Assistant City Planner, Circle No. 26, Gajularamaram, Hyderabad- 500055

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toTo issue a Writ, Order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in demolishing of the room on Plot No. 150, in Survey No. 148, situated at Gajularamaram Village, Quthbullapur Mandal, [/edchal-Malkajgiri District, without notice as arbitrary, illegal, violative of Arlicle 21 of the Constitution of lndia and principles of natural^justice and consequently direct the Respondents not to demolish without issuing notice and pass

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lA NO: 1 OF 2021

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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 grant interim directions directing the Respondents not to resort to further demolition building of building on Plot No. 150, in Survey No. 148, situated at Gajularamaram Village, Quthbullapur Mandal, Medchal-Malkajgiri District, and^pass

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Counsel for the Petitioner:SRl. C M R VELU

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Counsel for the Respondents: SRl. CHATLA MADHU, SC FOR GHMC

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The Court made the following:

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HON'BLE SRI JUSTICE^{K. LAKSHMAN} wI IIT PETITION^{No.27JI l OF 2021}

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o ER:

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Heard Mr.^(l.M.R. Velu,^{learnedcounsel for the petitioner and} Mr. Chatla MadhrL, learned^{StandingCounsel appearingon behalfof} the respondents,^a nd^{with their consent, this writ petition is disposed} of at the stage of^z dmission^itself.

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The petitioner herein claims^{to be the owner of Plot No.150,} admeasuring 20(l square^{yards in SurveyNo.148,situatedat} Gajularamaram^{</sup> illage, Quthbullapur^{Mandal, Medchal - Malkajgiri} District under GIMC Circle.^{He had obtained building permit order} dated 24.03.202) for^{construction of Stilt + 2 UpperFloors'} According to hirt, he had^{made constructionsstrictlyin accordance} with the said building^{permit.Even then, the respondents are trying to} demotish the str rctures without^{following due procedurelaid down} under law. Ther,:fore, the^{presentwrit petition.}}

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On the other hand, Mr. Chatla Madhu,^{leamedstanding} counsel, on oral instructions, would submit that^{the petitionerherein} had constructe( third floor and a room on the fburth^floor unauthorizedly. Therefore, the respondents are taking steps in accordance witt law on the unauthorized constructions macle by^the petltroner.

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In view of the above said submissions, this writ petition is disposed of granting liberty to the respondents ro take steps in accordance with law with regard to the unauthorized construction made by the petitioner viz., thirdfloor and a room on the fourth floor contrary to the building permit order dated 24.03.2020 issued in his favour by putting him on notice and calling explanation from him and also affording him an opportunity ofhearing. Tilr the said exercise is completed, the respondents are directed not to demolish the said construction made by the petitioner on the subject plot. However, in the circumstances of the case, there shall be no order as to costs.

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As a sequel, the miscellaneous petitions, if any, pending in the

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writ petition shall stand closed.

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SD/-V.SUOHA ASSISTANT REGISTRAR //TRUE COPY'

SECTION OFFICER

To,

l The commissioner, Greater Hyderabad Municipar corporation, Lower Tank Bund Road, Hyderabad- 500004

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1. The Assistant city Planner, Greater Hyderabad Municipal corporation, circle No. 26, Gajularamaram, Hyderabad- 50005S

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One CC to Sri. C M R Vetu, Advocate tOpUCl

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One CC to Sri. Chatla lr/adhu, SC for GHIVC tOpUCl

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Two CD Copies.

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One Spare Copy

a' PM TR

HIGH COURT

DATED:02/1^1/2021

ORDER

WP.No.27311 ol 2021

1 tTE S TA r€
oo 10 N0v 10?1 o
t,
D tii C {

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Disposing of tt e WP Without costs.

Sri. Tunuguntla Venkata Ravi Krishna v. Greater Hyderabad Municipal Corporation and another

Case brief

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Sri. Tunuguntla Venkata Ravi Krishna v. Greater Hyderabad Municipal Corporation and another

Case brief

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