Writ petition challenging demolition action by municipal officials. Petitioners claimed lack of notice and due process. Respondents admitted deviation but claimed followed law. Court disposed matter at admission stage.
Direction to respondents No.2 and 3 to follow due process of law before taking coercive action against petitioners.
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.
1321s 1
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAO
(Special Original J urisdiction)
MONDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTYTI.IREE
PRESENT
THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI
WRIT PET]TION NO: 434 OF 2023
Between:
.....PETITIONERS
AND
.....RESPONDENTS
Petition Under Article 226 of the Constitution of lndiapraying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ or order or direction more particularly one in the nature of the Writ of Mandamus declaring the action of the respondents No.2 and 3 herein, without following due process of and without issuing notice to thepetitioner, proceeding to demolish the building in Sy. No. 227 lo an extent of Ac. 5-10 Gts. situated at Turkayamjal Village, Abdullapurmet Mandal, Ranga Reddy District, as illegal, arbitrary, discriminatory violation of Art.'14,19, 21 and 300A of Constitution of lndia and apart from being violative ofprinciples of naturaljustice and consequently direct the Respondent No.2 & 3,not to demolish the buildingin Sy. No. 227 to an extent of Ac. 5-1O Gts.situated at TurkayamjalVillage, Abdullapurmet Mandal, Ranga Reddy Districtin the interest ofjustice.
|.A.NO:1 OF 2023
Petition Under Section 151 CPCpraying that in the circumstances stated in the affidavit filed in support of thepetition, the High Court may bepleased to grant lnterim Direction to Respondent No.2 and 3, not to demolish the building in Sy. No. 227 lo an extent of Ac. 5-10 Gts. situated atTurkayamjalVillage, Abdullapurmet Mandal, Ranga Reddy Districtin theinterestof justicepending disposal of the writpetition.
Counsel for the Petitioners : Sri.Mahesh Mamindla
Counsel for the Respondent Nos.1 &2 : G.P For Municipal Admn and UrbanDev
Counsel for the Respondents: Sri.G.MallaReddy,SC for Municipal Corporation
The Court at the stage of admission made thefollowingOrder :'
I
I I
I \ II \ 1 I
THE HON'BLE SMT. JUSTICE P.MADIIAVT DEVI
WRIT PETITION No.434 of 2ol23
ORDER:
This Writ Petition has been filed seeking a Writ of Mandamus declaring the action of the respondents No.2 and 3 in proceeding to demolish the building in Sy.No.22Z to an extent of Ac.5-10 gts, situated at T\rrkayamjal Village, Abdullapurmet Mandal, Ranga Reddy District, vrithout issuing any notice and without following due process of law as illegal and arbitrary and consequently to direct the respondents No.2 and 3 not to demolish the building and to pass such other order or orders.
,/
PMD,J W.P.No.434 of 2023
Iv{iscellaneor,rs applications, if any pending, shall alsostand
closed.
SD/-V.KAVITHA ASSTSTAryIREGtSTRAR
\
//TRUE COPY//
sEccrPoN oFFrcER
To
SA GJP
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II
HIGH COURT
DATED:0910112023
ORDER
WP.No.434 of 2023
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DISPOSING OF THE W.P
AT THE STAGE OF ADMISSION
WITHOUT COSTS.
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2 issues framed by the court
Whether the demolition of the building by respondents without notice and due process can be restrained.
Whether the respondents must follow due process of law before initiating coercive action.
1 provisions across 1 enactments
MohsinBinIbrahimMasqati
SultanBinIbrahimMasqati
AliBinIbrahimMasqati
The State of Telangana
Commissioner and Director of Municipal Administration Department
Commissioner, Turkayamjal Municipality
Justice P.Madhavi Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
