The High Court allowed a writ appeal against the dismissal of a petition challenging demolition notices. The court held that the structure built without permission was illegal but granted the tenant-appellant until 31.01.2023 to remove it on his own.
Direction to the appellant to remove the illegal structure at his own cost by 31.01.2023.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TUESDAY ,THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE THE CHIEF JUSTICE UJJAL BHUYAN AND
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT APPEAL NO: 831 OF 2022
Writ Appeal under clause 15 of the Letters Patent against thepreferred order dated 3011112022 passed ln W P No 43083 of 2022 on the file of the High Court. Between:
Malyavantam Sheeladharan, S/o Jayaprakash, Aged about 44 years, Occ. Business, R/o H.No.6-1-375, V.D.O's Colony, Khanapuram Haveli, Khammam City and District, Telangana State.
...APPELLANT
Atltl'i. The State of Telangana, Rep. by its Principal Secretary, Municipal
...RES'ONDENTS
lA NO: 2 OF 2022
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 di:ect lhe 2no respondent not to demolish the temporary structure of shop in Dccr llo. 6-1-16i90/9 Khanapuram Haveli, Mamatha Hospital, Khammam, llenCingdisposalof the main writ appeal.
l/r I.!0: 3 AF 2022
Petiticn under Section 151 CPC praying that in the circumstances stated in the affictavit filed in support of the petition, the High Court may be pleased to su3perid the crder of the 2nd respondent issued in Roc.No.G1/KMC/TPS M4/1!2A22 daled 13-12-2022, pending disposal of the main writ appeal
Counsel for the Appellant: SRI CH RAVINDER
i,c'-':)sel 1'or the Respondent 1: Ms. BORRA LAKSHMI KANAKAVALLI ,cP FOR rI,!(:::L ADMI.I I.JRBAN DEV
Ccurise! fo:'the Respondent 2: SRI P. SRIDHAR RAO, SC FOR KMC : '.'' j .
Qori:ee!for the Respondent 3: MR.V.VENKATA MAYUR
Thi: i)surt nrade the following: JUDGMENT
i,nr',.
THE H(,N'BLE THE CHIEF JUSTICE U.I.I,q,I, BHIIYAN
AND
THE H')N,BLE SRI JUSTICE C.V.Bh.ASK4.Ii, F:EDDY
WRIT APPEAL No.831 of 2022
JUDGMENI: lPer the Hon'bLe the Chief Justice Ujjal Blugat;)
Heard Mr. Ch.Ravinder, learned counsel for the appellant; N s. Borra Lakshmi Kanakavalli, lezu-ned Assistant Government Pleader for Municipal Administration zrnd Urban Developmen for respondent No.1; Mr. P.Sricthar Ra.o, learned Standing Ccunsel for respondent No.2; and Mr. V.Venkata Mayur, learr ed counsel for respondent No.3.
2 HC] &, CVBRJ W.A.No.831 of 2022
Road, Khammam (briefly,'subject str-ucture' hereinafter); further prayer made was to set aside the said notices.
Single Judge whereafter learned Single Judge noticed that evyn in the reply, appellant was silent about obtaining
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3 TTCJ & CVBRJ l?.,l.Ntr.83l of 2022
permission lrom respondent No.2. Holding thett there was no illegality in the impugned notices, the writ pet.tron came to be dismissed.
7 . .earned counsel for the appellar t. submits that appellant ir, carrying on the business ol' t1're leprr-iring since the vear 2013 and sudden shifting would advers,ely impact his business w rich may even lead to closure. He t herefore prays for some tir re to enable him to remove the strtr,: ture
4 HCJ & CVBRJ W.A.No.831 of 2022
any, in this Writ Appeal, sha1l stand closed.
/
sD/- M. MANJqLA DEPUW REG|STRAR //TRUE COPY/I l/ SECTION OFFICER
To,
The Principal Secretary, Municipal Administration Department, Secretariat, ,..1. State of Telangana, Hyderabad - 500 004.
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JUDGMENl'
wA..l!o.831 0f 2022
[ ISF'O$ING OF THE WRIT APPEAL !TfIT!-'OL!T C OSTS
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2 issues framed by the court
Whether respondents are justified in issuing a demolition notice for an illegal structure erected without permission.
Whether the tenant-appellant is entitled to a specific time limit to remove the illegal structure on his own before demolition.
1 provisions across 1 enactments
Malyavantam Sheeladharan
The State of Telangana
The Commissioner, Khammam Municipal Corporation
Smt.Vakkavantula Vijayakumari
UJJAL BHUYAN
C.V. BHASKAR REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
