Smt. Aruna Ben, Vs Greater Hyderabad Municipal Corporation

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[³³⁸³¹

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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WEDNESDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETW

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WRIT PETITION NO: 23172 OF 2015

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Between:

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'1 - Smt. Aruna Ben, W/o Late Prabhu Charandas, Hindu, aged about 72 yeats, Occ. Housewife, Rio 4-3-348/1iC, Sultan Bazaar, Hyderabad.

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Brij Gopal P. Shah, S/0 Late Prabhu Charandas, Hindu, aged about 46^years, Occ. Business, No 4-3-34811lC, Sultan Bazaar, Hyderabad.

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3 Shri Pramod P Shah, S/o Late Prabhu Charandas, Hindu, aged about 45 years, Occ. Business, No 4-3-34Bl1lC, Sultan Bazaar, Hyderabad.

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Shri Sandeep P. Shah , S/o Late Prabhu Charandas, Hindu, aged about 45 years, Occ. Business, R/o 4-3-348/1/C, Sultan Bazaar, Hyderabad.

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Shri Krishna Kumar, S/o Late Dwaraka Das, Hindu, aged about 73^years, Occ. Business, No 4-3-348121C, Sultan Bazaar, Hyderabad.

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...PETITIONERS

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AND

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1 Greater Hyderabad Municipal Corporation, Rep. by its Commissioner, Tank Bund Road, Hyderabad.

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2 Greater Hyderabad Municipal Corporation, Represented by its Chief City Planner, Tank Bund Road, Hyderabad

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3 Greater Hyderabad Municipal Corporation, Represented by the Assistant City Planner, Hyderabad

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4 Shri H. Swaraj Kumar, S/o Late Hansraj Gambhir, aged about 63^years, Occ. Business, Rio 2-4-94411 , Kachiguda, Hyderabad.

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5 Shri Harish Kumar, S/o Late Hansraj Gambhir, aged about 59^years,Occ. Business, No 2-4-94411 , Kachiguda, Hyderabad.

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6 Shri H. Kaval Raj, S/o Late Hansraj Gambhir, aged about 51^{years, Occ.} Business, Rio 2-4-94411 , Kachiguda, Hyderabad.

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7 Shd H. Te! Raj, S/o Late Hansraj Gambhir, aged about^{41 years,Occ.} Business, No 2-4-94411 , Kachiguda, Hyderabad.

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Smt. Kumari Renu Gambhir, D/o Late Hansraj Gambhir,^aged about^{49 years,} Occ. Housewife, No 2-4-94411, Kachiguda, Hyderabad.

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I Smt. Kumari Rajani Gambhir, D/o Late Hansraj Gambhir, aged^{about 47} years, Occ. Housewife, Rlo 2-4-94411, Kachiguda, Hyderabad.

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...RESPONDENTS

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Petition under Article 226 of lhe Constrtution of ln,l a praying that rn the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an a ppropriate writ, order or direction p^-r ferably a Writ in the nature of Writ of Ir,4andamus by declaring the inaction of thr:^{'espondents '1} to 3 in not considering the representation of the petitioner dated i) 7.2015 as illegal and arbitrary with a further direction to the Respondent .No' to 3 to invoke the provisions under Section 459 and 499 of the GHMC Act in pursuance to the orders passed by the Honble Chief Judge, City Small Caus -,s Court, Hyderabad in M.A No.'188 of 2010 dated 7th November, 2012 rnd also direct the respondent no.1 to 3 by deputing men and machtnery for^., moval of the portion of the first floor roof and walls and the remaining portion 1r rm premises bearing door No.4-3-357, situated at Bank Street, Kothi, Hydera I rd in the interest of justice.

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l.A. NO:^'l OF 2015(WPMP. NO:29968 OF 201s)

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Petition under Section 151 CPC praying that in the r ircumstances stated in the affidavit filed in support of the petition, the High Corr t may be pleased to direct the respondent No. 1 to 3 to invoke the provisions ol ;ection 45g and 49g of the GHtr4C Act and to issue notice to the respondent No 1 to 3 under section 458 and 459 of the GHMC Act by issuing notice to the re ;pondents 4 to g in respect of ground floor premises bearing door No. 4-3-3(7, situated at Bank Street, Hyderabad in the interest of justice.

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l.A. NO: 2 OF 2015(WPMP. NO: 29969 oF 2015)

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Petition under Section 151 CPC praying that in the c rcumstances stated in the affidavit filed in support of the petition, the High Cor- r may be pleased to direct the respondents No, 1 to 3 to depute men and macl nery for removal of dilapidated walls on the first floor part of premises bearirrr door No. 4-3-357, situated at Bank Street, Koti, Hyderabad in the interest of ju; ice.

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Counsel for the Petitioners: SRI R.A.ACHUTHANAND

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Counsel for the Respondent No.1 to 3: SRI M.ARUN KUMAF , SC FOR GHMC

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1|41.'iBf^. . .,i 7

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Counsel for the Respondent No.4 to 9: SRI MANJARI S.GANU

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The Court made the following: ORDER

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,.,.-;-

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THE HON'BLE SRI JUSTICE LAXMI NARA'/ \NA ALISHETTY

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WRIT PETITION No.23172 of 2 C15

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OR-DER:

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This rvrit pctition is filed seeking following r : icf

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"l)e,:laring rhc inar:tion of the respondent Nos.l I 3 in rot consr.l(.ing the r_epresentation oI thc pctrl , dat(d 09.O7.-,1015 as rllegal, and arbitrary rrrf [urLher drrccLron to the respondenr Nos.I to ] to invr:kc the provisions under Sections 4.59 and 4t( of the GHMC Act in pursuancc to the order passc l b1. the Chief.Judge, City Small Causes Court, Hydcr I rd in M.A.No.lUU of 2O1O dated 07 -11.2012 anxl t pral s Lo direct the respondent Nos. I to 3 by depr r rg men and machinery for removal of the portion r) 1e fir'st floor r.r,i and wall dnd rh( rcmaining p fronr premiscs bc.tring door No.4 3 357, siturrr'l irL Bank Strccl. Kr)thi, I lvderal)ad."

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2 When thc mattcr is taken up for hearing,⁽ ,rrncd counsel for th<: petitioners submits that cause in the presenl \ rit l)etition does not survive and the same has become infructuous.

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