Writ petition challenging a Section 636 GHMC demolition notice; dismissed for non-prosecution as petitioners did not appear despite listing under 'For Dismissal'.
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[3383 ]
IN THE HIGH COURT FOR THE STATE OFTELANGANA AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
WRIT PETITION NO: 22637 OF 2014
Between:
Rajaputra Lakshmi Bai, W/o Sagar SwaroopSingh, Hindu, aged about 54 years,.Occ Bahk Employee Rl/o Flat NO 308, Sai Vishnu Apartments,Domalguda,Hyderabad. Rep.by her GPA Holders
.....PETITIONERS
AND
.....RESPONDENTS
Petition Under Article 226 of lhe Constitutionof lndia prayingthat in the circumstances stated in the affidavitfiled therewith,the High Court may be pleased to issue a writ order or direction moreparticularlyone in the nature of WRIT OF MANDAMUS declaring thenotice Under Section636 of the HMC Act' 1955 issued by the 3rd respondentby giving one day !-l[9f*demolition of existing structures of thepetitioner Plot No. 45-A.in Sy.No. 582 admeasuring 178.00 Sq.Yards situated atEast Anand Bagh, Under GHMC.Malkajgiricircle,
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17, R.R. District is illegal, arbitrary,contrary to the provrsons of G.H.M C Act, Highhandedness, violation ofProvisions of Municipalities ,;t, as well as violation of Article, 14, 21 ,3OOA ofthe constitutionof lndiaand ag :inst the Principles of Natural Justice and consequently direct therespondert not to demolishthe existing structures of thepetitioner Plot No. 45-A. in Sy.N: 582 admiring178.00 Sq.Yards situated atEast Anand Bagh, UnderGHlvlC lr4r: <a.1giri circle,'1 7, R R' District
l.A.NO:1 OF 2014(WPMP.NO:2839 40F 20141
Petition Under Section 151 CPCpraying that in the I 'cunlstances statedin the aff idavit filed in support ofthe petition,the HighCo -1 may be pleasedto direct the respondent not to demolishthe existingstructur,l; of the petitionerPlot No. 45-A. in Sy.No. 582 admiring178.00 Sq.Yardssituate( at East AnandBagh, Under GHtvlC. Malkaigiri circle, 17, R.R.Districtbysuspe,r dingthe operationof the Notice Under Section 636 ofthe HMCAct, 1955 d;r ed 4'8-2014 pending disposal of the main writpetition.
Counsel for the Petitioners : SRI M.A.RASHEED
Counsel for the Respondent No.1 : GP FORMCPL ADMN, rND URBAN DEVELOPMENT
counsel for the Respondent Nos.2 & 3 : SRIG.MADHUSLI |HAN REDDY (sc FOR GHMC)
The Court made the following ORDER
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THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
WRIT PETITION No.22637 of 2Ol4
ORDER:
This writ petition is filed seeking following reliel
"Declanng the notice under Section 636 of the HMC Act, 1955 issued bv respondent No.3b1' giving one dal, time for demolition of existing structurcs o[ the petitroncr PIot No.45 Ain survey No.582 adrneasuring 178.00square yards situated at [Jast Anand Bagh, undcr GHMC Act, highhandcd rrcss,violationoi provisions of Municipalitres Act andpra) s to direct thc responderlt not to dcmolish the existing structrrres of the Petitioner Plot NO.45A in survcy No.582 admeasuring 178.00 squarc yards sitlrated at Dast Anand Bagh, utrder GHMC, Nlatkajgirr Ctrcle , 17, ll.R. llistnct." 2. Sri G. Madhusudhan Rcddy, lcarned Standirrg Counsel[or rcspondents present.
Miscellaneous petitions, if any pending, shall stand dismissed
SD/- S.MALLIKARJUNA RAO ASSISTANT REGISTRAR //TRUE COPY// 6 SECTION OFFICER
To
SA TKS
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HIGH COURT
DATED:0910912025
ORDER
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WP.No.22637 of 2014
DISMISSING THE W.P FOR NON - PROSECUTION fs ; i l-,: .r #fu WITHOUT COSTS.
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1 issue framed by the court
Was the Section 636 HMC Act demolition notice valid?
2 provisions across 2 enactments
Rajaputra Lakshmi Bai
U. Ramanaiah
K.V.S.H. Sridhar
The State of Telangana, Rep.by its Principal Secretary, Municipal Administration and Urban Development
The Greater Hyderabad Municipal Corporation, Rep.by its Commissioner
The Deputy Commissioner, Circle No.17, Malkajgiri, GHMC
Laxmi Narayana Alishetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
