Main Writ petition challenging demolition notices under Article 226 was dismissed as infructuous. A separate impleading petition was also dismissed.
The Writ Petition is dismissed as infructuous. Proceedings are closed.
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.
[3303 ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY,THE TWENTY EIGHTH DAY OFNOVEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE JSREENIVASRAO
WRI T PETITION NO: 1 1640 OF 2008
Between:
AND
...RESP.NDENTS
Petition under Article 226 of theConstitutionof lndia prayingthat in the circumstances stated in the affidavitfiled therewith, the High Court may be pleased to issue an appropriate writ order or direction moreparticularly one in the nature of writ of Mandamus declaringthe actionof the respondentsin issuing Demolition Notice in Procg. No.9.1781108dt. Nil-5-2008 and served the same on the evening i.e, at 7 PM of 30-5-2008and taking steps to demolish the petitioner Crushing Units on 31-5-2008 asillegal, unjust, arbitrary, discriminatory'irrational capricious, whimsical, unconstitutional and contrary to the Rule of Law andin violation of the fundamental rightsguaranteedunderArticles 14' 1 9 (1 )(g)'21 and the Constitutional rightguaranteedunderArticle300-A of the Constitution of lndia and also in violation of theprovisionsof the Land EncroachmentAct '1905apart
from in violation of the Principles of NaturalJuslice and contrary to the Doctrines of Lis Pendense and Sub-Judice and Consequentiallyset aside the sameand direct the respondents not to demolish thepetitionerUnits
l.A. NO: 3 OF 2008(W PMP. NO: 15283 OF 2008
Between:
Sri K.S.B. Ali, S/o K.S.Z.Ali, Vendee & GPAHolder of 2 Branches of Legal Heirsof Nusrat Jung-l 106 Krishna Nivas, Vidyanagar,Hyderabad -500044
....THIRD PARTY/ IMPLEADING PETITIONER/ PRoPOSED RESPONDENT No.31N wRtT PETITION
...WRIT PETTITIONER No.1/RESPONDENTNO.1
...WRIT PETTITIONER No.2/RESPONDENTNO.2
..WRIT PETTITIONER NO.3/RESPONDENTNO.3
2
7
Petition under 16-4 of A.P.High Court Rules, 1977, Rlw Section151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass an order or directions to implead the petitioner as a Respondent No. 3 in the above WP and aswell asWPMP to afford petitioner an opportunity of being heard as theimpleading petitioneris the proper and necessary party and to pass
Counsel for the Petitioner: SRI KIRAN. B REP SRIK. R. PRABHAKAR
Counsel forthe Respondents: GP FOR REVENUE
The Court made the following: ORDER
-)
HON'BLE SRI JUSTICE J. SREENfVAS RAO
WRIT PETITION No. 1164O of2OO8
ORDER:
When the matter is taken up for hearing, Sri Kiran.B, learned counsel representing
Sri K.R.Prbhakar, learned counsel for the petitioner fairly submits that the cause in the Writ Petition does not survive for adjudication.
is dismissed as infructuous. No costs.
As a sequel, the miscellaneous petitions pending, if
any, shall stand closed.
SD/. T. J ASREE ASSISTANT RE ISTRAR
//TRUE COPY//
SECTION FFICER
To,
g
I
HIGH COURT
DATED:2811112023
ORDER
1sE STAT €'
(
C,.) 2 0 DEC 2023 oz
).
tO
DE
WP.No.11640 of 2008
DISMISSING THE WRIT PETITION AS INFRUCT WITHOUT COSTS
U OUS
@rio ffi
5
2 issues framed by the court
Whether the Writ petition challenging demolition notice and infringement of fundamental rights survives for adjudication.
Whether impleading of the third party is necessary in the main writ petition.
Saleem Metal Industries
The Collector, Ranga Reddy District
J. Sreenivas Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
