Petitioners challenged a GHMC notice under Article 226 of the Constitution. Counsel submitted the cause became infructuous. The Court dismissed the writ petition as infructuous without costs and disposed of pending miscellaneous petitions.
Petition dismissed as infructuous; 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.
[3383 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
WRIT PETITION NO: 5 OF 20 15
Between:
.....PETITIONERS
AND
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.....RESPONDENTS
Petition Under Article 226 of the Constitution of lrrr ia praying that in the circumstances stated in the affidavit filed therewith, th: High Court may be pleased to issue an appropriate Writ more particularly on€ n the nature of WRIT OF MANDATUUS declaring the notice dated 2t-12-21 I4 vide Notice No. s48l1l3l4lACPllPSlCBlCZlcHMCl2}14 issued under sec:i )n 452 (2) of GHMC Act, as being illegal, arbitrary, contrary to the provisions r f Greater Hyderabad firlunicipal Corporation Act, 1955 violative of Articles 'r and 300-4 of the Constitution of lndia and principles of Natural Justice.
l.A.NO:2 OF 2015 (WPMP.NO:6 OF 2015 )
Petition Under Section 151 CPC praying that in the ci rumstances stated in the affidavit filed in support of the petition, the High Cour may be pleased to direct the respondents not to demolish /remove qny part,r petitioners shops in the building known as Need Arcade in premises No.4- 3 548/1 , Boggulkunta, Hyderabad, by suspending the notice dated 27-12-20 4 vide Notice No. 549lll3l4lACPllPSlCBlCZl cHMC / 2014, pending dispr> ,al of the main writ petition.
Counsel for the Petitioners : SRI SREENIVASA RAO VELI/ :LA
Counsel for the Respondent No.l : GP FOR MCPL ADMN /\ {D URBAN DEVELOPMENT
Counsel for the Respondent Nos.2 & 3 : SRI M.ARUN KUMI R, SC FOR GHMC
..-! .: Counsel for the Respondent No.4 : - r :
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Counsel for the Respondent No.5 : SRt A.M.QURESHt
The Court made the following OROER
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THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
WRIT PETITION No.S of 2O15
O.RDER:
This vvrit petition is filed seeking following relief:
"Declanng the notice dated 27. 12.2014 uide Notice No. 548 / 1 / 3/ a/ ACP/'t'PS/ C8/ CZ/ G HMC/ 2014 issued under Section 452 (2) of GIIMC Act, as illegal, arbitrary and contrary to the
proutstons of GHMC Act, 1955."
Sri M. Arr-rn Kumerr, Iearned Stanc.ling Counsel for GHMC/respondent Nos.2 and 3 present.
-1.Learned counsel lor thepetitioners submits tha[ cause in the present writ petition does noI survive and the same has bccomc infructuous.
Miscellaneous petitions, if any pending, shall star-rd dismissed,
SD/. S.MALLIKARJUNA RAO ISTANT REGIST
//TRUE COPY//
ECTION OFFICER
To
'1. Two CCs to GP FOR MCPL ADMN AND URBAN
LOPMENT, High
SA TKS MMr
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HIGH COURT
DATED:0810912025
ORDER
WP.No.S of 2015
DISMISSING THE W.P
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AS INFRUCTUOUS WITHOUTCOSTS,
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2 issues framed by the court
Whether the writ petition survived given the submission that the cause no longer subsisted.
Whether the impugned notification under Section 452(2) of GHMC Act was arbitrary and illegal.
Krazi Chicks
Anand Pan Shop
Pooja Tiffins
Royal Trffins
Dimmy Pan Palace & Juice
Mayur Pan Shop & Juice
Laxmi Narayana Alishetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
