T. Amar Singh, Vs The District Collector — Writ and Judicial Review | Telangana HC (2025)

T. Amar Singh, Vs The District Collector — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

No fresh relief granted. The writ petition was closed in view of the Court's earlier interim orders; respondent authorities were directed to follow due process of law before initiating any action on the constructions; the petitioner was barred from making constructions beyond the permissions granted by the appropriate authority; pending miscellaneous petitions (IA Nos. 1 and 2 of 2012) were ordered to stand closed, with no order as to costs.

Issue for consideration

Whether the respondents' action in demolishing (or threatening to demolish) the petitioner's house in Sy.No.25, Moghalnagar, Moghal-Ka-Nala, opposite Coca Cola Company, Ring Road, Hyderabad (1111 sq. yards) without following due process of law is illegal, arbitrary, high-handed and against the principles of natural justice, and whether the respondents should be directed not to demolish it.

Ratio / Principle

In view of the orders earlier passed by this Court (printed variously as of 03.08.2012 and 03.09.2012), no further orders are required to be passed in the present writ petition, and the respondent authorities shall follow due process of law before initiating any action on the constructions made.

Key takeaways

It is made clear that the petitioner shall not make any constructions beyond the permissions granted by the appropriate authority.ratio¶37
Accordingly, the writ petition is closed.ratio¶38

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (Special Original Jurisdiction), single judge (Justice N.V. Shravan Kumar), order dated 11.04.2025 in Writ Petition No. 23569 of 2012 (T. Amar Singh v. The District Collector, Hyderabad, The Revenue Divisional Officer, Hyderabad and The Tahsildar, Asifnagar): petition under Article 226 sought a mandamus challenging the respondents' demolition of the petitioner's house of 1111 sq. yards in Sy.No.25, Moghalnagar, Moghal-Ka-Nala, opposite Coca Cola Company, Ring Road, Hyderabad, as being without due process of law, and sought a direction not to demolish it. An interim order of 03.08.2012 had protected the existing structures except upon issuance of notice under the relevant provisions of law and had restrained fresh construction or improvement. In the final order the Court held that, in view of its earlier orders, no further orders were required; respondent authorities must follow due process of law before initiating any action on the constructions; and the petitioner shall make no constructions beyond the permissions granted by the appropriate authority. The writ petition and the pending miscellaneous petitions (IA No. 1 of 2012/WPMP 30109 of 2012 seeking interim non-demolition; IA No. 2 of 2012/WPMP 30520 of 2012 seeking amendment of cause title to Ashok Singh Hajari rep. by GPA holder T. Amar Singh) were closed, with no costs.

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

FRIDAY,THE ELEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

WRIT PETITION NO: 23569 OF 2012

Between:

T. Amar Singh, S/o. late Sankat Singh, aged about 38 years, Occ. Business, Rlo. 21-4-270, Gulabsingh Bowli, Charminar, Hyderabad

...PETITIONER

AND

1 The District Collector, Hyderabad, Hyderabad District

2 The Revenue Divisional Officer, Hyderabad, Hyderabad District

The Tahsildar, Asifnagar, Hyderabad District

...RESPONDENTS

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, challenging the inaction of the respondents in demolishing the house situated in survey no. 25 at Moghalnagar, Moghal-Ka-Nala, Opp. Coca Cola Company, Ring Road, Hyderabad of an extent of 1111 sq- yards without following due process of law is illegal, arbitrary, highhanded and against the principles of natural^justice and consequently direct the respondents not to demolish the house of the petitioner situated in survey no. 25 at Moghalnagar, Moghal-Ka-Nala, OppCoca Cola Company, Ring Road, Hyderabad of an extent of 1111 sq. yards and Mandal, Kurnool District

l.A. NO: 1 OF 2012(WPMP. NO:30109 OF 2012)

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 direct the respondents not to demolish the structures of the petitioner situated survey no. 25 at Moghalnagar, [\iloghal-KaoNala, Opp. Coca Cola Company. Ring Road, Hyderabad of an extent of 1111 sq. yards, pending disposal of the above writ petition

;:7

l.A. NO: 2 OF 2O12(WPMP. NO: 30s2O OF 2012

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 permit the petitioner to amend the cause title of the petitioner i.e., Ashok Singh Hajari, S/o. late Lakhan Singh Hajari, aged about 61 years, Occ. Mechanic, R/o. 13-1575, Dilawargunj, tVangalhat, Hyderabad, rep by his GPA Holder I,4 r. T. Amar Singh" instead of "T. Amar Singh, S/o. late Sankat Singh. aged about 38 years, Occ.; Business,^{pJo.21-4-270,} Gulabsingh Bowli, Charminar, Hyderabad" and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of^justice

Counsel for the Petitioner: SRl. VUYYURU LAKSHMANA RAO

Counsel forthe Respondents: GP FOR REVENUE

The Court made the following: ORDER

)

HONOURABLE^{SRI JUSTICEN.V.SHRAVANKUMAR}

Writ Petition^{No.23569of 2OL2}

ORDER:

This writ^{petition is filed with the follou'ing prayer:}

"...challenging^{the actionof the respondentsin} in Sg.No.2S^at d-emolishing the^{house situated} Moghalnagar,^{Moghal KaNala'} Opp.Coca^Cola Compang,^{Rirug Road, Hgderabadto an extentof} 11 11 sq.gards^uithout follott''ing^{due processof latu} as illegal, arbitrarg,^{highhanded and against the} pinciples of^{naturaljusticeand consequentlg direct} the respondents^{not to demolish tlrc house of the} petitioner situated^inSg'No'25 at Moghalnagar, Moghat-Ka-Nala,^{OPP CocaCota} Compang,^Ring Road, Hgd'erabad^{of an extent of 1111 sq'gards and} Mandal Kurnool^Distnct"

2.ThisCourton03.08.2012,haspassedthefollowing

order:

"The structures,^{if ang'raised bg tle petitioner} ' ouer the land^{in question, shall not be demolished'} except bg^{issuing notice under the releuantprouisions} of law. It is^{also directedthatthe petitioner shall not} be entitted,^{.to undertakeany construction'afresh' or} to improue^{upon the existing ones'"}

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2

In view of the orders passed by this Court ot-l 03.09.2012, no further orders are required to be passed in the present writ petition and respondent authorities shall follow due process of 1aw before initiating any actioh on the constructions made. It is also made clear that petitioner shall not make any constructions beyond the permissions granted by the appropriate authority.

4 Accordingly, the rvrit petition is closed

Miscellaneous petitions, if an}, pending in this wrrt petition shall stand closed No costs

//TRUE COPYII o "i,'ri'-'AY3i[fa'^/ SECTION OFFICER 1 One CC to SRt. VUYYURU LAKSHMANA RAO A 2 Two CCs to Gp cate [OpUC] iouTj FOR REVENUE ,High Court for the State of Telangana

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HIGH COURT

DATED:1110412025

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ORDER

WP.No.23569 of 2012

CLOSING THE WRIT PETITION WITHOUT COSTS

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