High Court allowed withdrawal of a writ petition under Article 226 challenging demolition notices and eviction proceedings, dismissing the petition accordingly.
Withdrawal of the writ petition allowed; petition dismissed. No order as to costs.
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.
l3296 I
HIGH COT]R'T FOR THE STATE OF TELANGANA AT HYDERABAD
(Spccial Original Jurisdiction)
WEDNESDAY. THE EIGHI.IIENTH DAY OF JANUARY I'U/O ]'TIOIISAND AND TWENTY THREE PRESENT
THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 46500 OF 2022
Between:
Mrs.Aliya Farhath, W/o.Mir Anlad Ali, R/o. H.No.19-3-52,JahanumaLancer,Falaknuma. Charminar, I{yderabad
...PETTTIONER
AND
...RESPONDENTS
Petition under Articlc 226 ol the Constitution of Indiaprayingthat in thc circumstances statcd in tlrc al'lldavit filed therewith,the High Courtmay be pleasedto issue Writ, Ordcr or Dircction nrore particularly one in the nature ofWrit of MANDAMI.IS declare thc action ol'the Respondcnts. No.2 to 6issuedthe notice U/S 636 of HMC Act 1955 dated l8-l l-2022 and denrolished thchousc of thepetitioneris arbitrary liableto be set- aside under Art. l9 and 2[ ol constitution ol Indiaand GI{MC Act consequently directthe respondents not to interli're itt renovation of thepetitioner's house bearingH.No.l9-3-1. admeasuring 64.00 Sq.Yrds. or -5i.00 Sq.Mtrs,situatedat JahanumaLancer,Falaknuma- Charminar. tlydcrabad rvithout lblloriirtg due processof law.
lA NO: I OF 2022
Pctition under Scction l5l CPC-'praying thatin the circumstancesstated in thc affidavit Iiled in supporto1' thepetition,the High Court maybe pleased direcl thc respondents not to intcrlero inrenovatiot.t o1'thepetitioner'shousebearingH.No l9 -3-1. admeasuring 64.00 Sq.'rds. or 51.00St1.N4trs,situatedat JahanumaLancer,Iralaknutna. Charminar'. tllderabad rvithout lbllotirtg ducprocessof law.
Counscl for thc Petitioner: SI{I. N,I R MOHD IRFAN
Counsel for the Respondcnt No.l: GP FOIi MCPL ADMN URBAN DEV
Counscl for thc llespondcnts No2 to 6: SIII |,I.A.K MUKEED
Thc Cour( ntadc the follo$'ing:
THE HOII'BT, E SRI JUSTICE C.V.BHASKAII REDDY
qIRIT PETITION NO.465OO of 2022
ORDER:
Mr M >hammad lrfan, learned counsel rrppearing for the petitioner su )mitted that the counter afhdavit filed b-r the respondents require certa n amendment, which wilt changt. the rery cause of action for which tt e u,rit petition has been filed. Thr:refore, he sought permission o' this court to withdraw the u,rir potition, rvith libert5r to file a fresh wr it petition. 2. Permis: rion is accorded. 3. Accordi ogly', the Writpetition is dismissecl as withdrawn, with the aforesaid .iberty. No order as to costs. 4. Miscellz neous petitions, if any pending in this r.r,rit petition, shall stand di;missed.
SDi.\IOIII).ST N \UI-LAH ANSARI ,\SSI:;'I {N'I' R GISTRAR
I
//TRIIIi(]OPY//
!.I:CTION I.-FICtrR
T o'1. On" CC to SRL M R MOHD IRFAN Adr ocate [OPUC] 2. Two CCs to GP FC RM.CPLADMN LIRI]AN DEV.High('otrrt lor theState of Telangana. [OUT] 3. Two CD Copies
HIGH CoURT
CVBR..I
DATED: lti/01i2023
ORDEIT
WP.No.4650(l ol2022
tI
WRIT PETITION IS DISN,IISSEDAS WITHDRAWN
1 provisions across 1 enactments
Mrs. Aliya Farhath
The State of Telangana
The Greater Hyderabad Municipal Corporation
C.V. Bhaskar Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
