The High Court closed two writ petitions challenging the demolition of private properties by railway authorities, maintaining that the core disputes require evidence which was not filed.
The writ petitions were closed with no order as to costs, directing petitioners to approach the competent court for compensation if illegal.
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 THESTATEOF TELANGANA AT HYDERABAD {SpecialOriginal Jurisdiction)
IVIONDAY ,THE NINTH DAY OFSEPTEIVBER TWO THOUSAND AND TWENTYFOUR
PRESENT
THE HONOURABLE SRI JUSTICEC.V.BHASKARREDDY
WRIT PETITION Nos: 13403AND 14389 0F 2008
W.P .No: 13403OF 2008
Between:
' Secunderabad S. - No. Kiisert A, Durga K.Sihiwala,Viharcolony Gunrock S/o.Kurban Hussain Avenue Sahiwala Business Trimulgherry,Secunderabad Residentof ^,Plol + Smt.niieta" K.Sahiwata,W/o.Kaiser K Sahiwala Housewife Resident of Plot ftt". t a, burga Vihar colonyGunrockAvenue,Trimulgherry,Secunderabad
AND
...RESPONDENTS
Petition under Article 226of the constitutionof lndia praying that in the circumstances statedin the affidavit filedtherewith,the High court may be pleased to issue any writ orderor direction preferablya writ in the natureof mandamus declaringthe actionof the petitioners in high handedly demolishinga portion of the petitionersp.operty bearing lvlunicipal No'1 0-1 1-170133(old No.11- 170/33) in sy.No.130ademasurrng 129.00 sq.yards or 107.85sq.meterssituated at Fatehnagartt/lainRoad, Under Fatehnagar village, Balanagar Mandal' Kukatpally Municipality,Ranga Reddy District as illegal,arbitrary,violativeof Articles, 14 and 300-4of the constitutionof lndia and consequentlydirectthe
respondents not to further demolish or dispossess the petittoners in respect of the petitioners sa id property
I.A. NO: 1 OF 2008{WPMP. NO: 17294 0F 2008)
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 direct the respondents not to further demolish or dispossess the petitioners in respect of petitioners property namely property bearing Municipal 10-11-170133 (Old No.11-170133) in Sy.No.130 admeasuring 129.00 sq.yards or 107-85 sq.meters situated at Fatehnagar Main Road, under Fatehnagar village, Balanagar Mandal, Kukatpally IVlunicipality , Ranga Reddy District pending disposal of the above writ petitron
.A. NO: 2 OF 2008 WPMP. NO: 21587 OF 2008
Petition under Section 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioners herein to fence the property bearing Municipal No.10-'l 1- 170/33(old No.11-170/33) in Survey No.130, admeasuring 129.00 sq.yards Or 107.85 sq meters, situated at Fatehnagar Main Raod, Under Fatehnagar Village, Balanagar Mandal, Kukatpally, Ranga Reddy District pending disposal of the above writ petition
Counsel for the Petitioner: Ms. P. KEERTHANA REP SRt P. VENUGOPAL Counsel for the Respondents: SRI SANJEEV GTLLELLA
(CENTRAL GOVERNMENT COUNSEL)
W.P. NO: 14389 OF 2008
Between:
H.K.Adnan, S/o.S.K.Huseini Business resident of 142/C, lnnovation Residency, Prenderghast Road, Secunderabad. ...PETITIONER
AND
1 9nigt',of lndia, represented by its Sdcretary, Ministry of Railways. New Delhi. ? iorllCentral Railway, represented by its Generaltvlanager, S'ecnderabad. ! Qoutl'rCentral Railway, represented bi its D.E.N., CenkaiS'ecnderabad. 4. South Central Railway, represented by its A.E.N., East, Secnderabad.
...RESPONDENTS
..-"{ .r.!*ae-
Petition under Article226 o1 the Constitutionof lndia praying that in the circumstancesstated in the affidavitfiled therewith, the High court maybe pleased to issue any writ,order or direction, preferably a writ in the nature of Mandamus declaringthe actionof the respondents in high handedlydemolishing a portion of thepetitioners property bearingNo.10-1 1-170134,consisting of Ground Floor andFirst Floor in surveyNo. 130. admeasuring1 17.00sq. yards or 97.81 sq. meters,situatecj at Fatehnagar Village, Balanagar' GHMC, Kukatpally circle, Ranga ReddyDistrict, as illegal, arbitrary violativeof Articles 14 and 300-A of the constitutionof lndia and consequenttydirect the respondentsnot to further demolishordispossessthepetitionerinrespectofthepetitionerssaidpropeny NO: 1 OF 2008 PMP. NO: 18584 0F2008
Petition under section15'1CPC prayingthat in the circumstances statedin the affidavitfiled in support of the petition, the High court may be pleased to direct therespondents not to further demolish or dispossess the petitionerin respect ofpetitioner's property'namely ,bearing No 10-1 1'170134' consistingof Ground Floor and FirstFloor in survey No. 130,admeasuring1 17,00 sq. yardsor 97.81 sq.meters, situated at Fatehnagar Village,Balanagar,GHMC'Kukatpally Clrcle,RangaReddyDistrict,pendingdisposaloftheaboveWritPetition NO: 2 OF 008 WPMP, NO:215520F 008
PetitionunderSectionl5lCPCprayingthatinthecircumstancesstatedin lheaffidavit filed in support of the petition,the HighCou( may be pleased to permit thepelitioner herein to fence the petitioner's property namely house bearingNo.10-11-170134consistingof Ground Floorand 1st Floor in sy.No.130 gdmeasuring117.00Sq.yardsor97'slsqmeterssituatedatFatehnaga(V) BalanagarGHMC Kukatpallycircle Ranga Reddy District pending disposalof the wP
Q6runselfor the Petitioner: Ms' P. KEERTHANAREPSRI P' VENUGOPAL
Counsel forthe Respondents:SRI SANJEEVGILLELLA (CENTRAL GOVERNMENTCOUNSEL)
TheCourtmadethe following: COMMON ORDER
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION Nos.134O3 and 14398 of2OO8
COMMON ORDER:
Since the issue involved in both the writ petitions is one and the same, they are heard together and being disposed of by way of this common order.
seeking the following relief
"....1o issue ong ui| order or direction preferablg a wit in the nature ol' mandamus declaing the action of the petitioners in high handedlg demolishing a portion oJ the petitioners propertg beaing Municipal Nos.lO-11-17O/33 (Old No.11-170/33) and 1O-11 170/34 consisting of Ground Floor and First Floor in Sg.No.130 admeasuring 129.OO sq. gards or 107.85 sq. meters and 117.00 sq. Aards or 97.81 sq. meters situated at Fotehnagar Main Road, Under Fatehnagar Village, Balanagar Mandal, Kukatpatly Muniapalitg, Ranga Reddg Distict as illegal, arbitrary, uiolati,e of Articles 14 and 3004 of the Constitution oJ Indta and consequenUy direct the respondents not to furTher demolish or dispossess lhe petitioners in respect of the petitioners said propertg. . .'
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No. 11-i7O/33) consisting ofGround Floor and First Floorin Sy.No. 130 admeasuring129.00sq. yards and MunicipalNo'10- 1l-l7ol34 117.0-0 sq.yards situatedat FatehnagarMainRoad, under FatehnagarVillage, Balanagar Mandal, Kukatpally Municipality, RangaReddyDistrict,having purchased the same by way of registered saledeeds bearing documentNos'53O3 of 1990 and 199 of 2008.It is the further case of the petitioners that the saidproperties are abutting to the railwaylane leading from Secunderabad toShankarpallyand the respondent authorities without issuingany notice have high-handedly demolished the saidpropertieson 19.06.20o8.
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Director, Revenue Survey and Land Recorcls, Ranga Reddy District and the said plan has been hled as annexure R- 1, wherein it clearly indicates the extent of land owned by the Railways abutting the railway track and hence, the petitioners are liable to be evicted from the said premises. It is further stated that the respondents have issued notices in F.orm-A on lO.02.2006 and Form-B on O3.09.2007, but the petitioners have not submitted any explanation in support of their claims that the said properties would not fall within the boundaries of the Railways and therefore, the respondents have proceecled to demolish the said properties in accordance with law.
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following the procedure laid down under law. There shall be no order as to costs
9 Miscellaneous petitions, if any, pending in these writ petrtions shall stand closed.
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VJP.No's. t3+o3 AND /439ct oF 2o0B
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2 issues framed by the court
Whether the High Court should grant relief to petitioners who claim their property was demolished without notice.
Whether the suit of illegal demolition can be adjudicated without producing documentary evidence and plans.
Fakruddin M. Khambaty
Smt. Sakina F. Kambatry
S. Durga K. Sahiwala
Mrs. Nieta K. Sahiwala
H.K. Adnan
Union of India
C.V. Bhaskar Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
