The High Court dismissed a writ petition for non-prosecution as the petitioner appeared without representation on the day of listing, indicating a lack of interest in prosecuting the matter. No costs were awarded.
The writ petition was dismissed for non-prosecution with 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.
IN THE HIGH COURTfOR THE STATE OF TELANGANA [3383 ] AT HYDERABAD (Special Original Jurisdiction)
TUESDAY,THE SECOND DAY OF DECEIVIBER TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
WRIT PETITI ON NO: 3893 3 0F 2014
Between:
Dr. Arshi Khan Aqed aborn.44 years. Occ Doctor, R/o.b_9-gg/3/C. Opp Fateh
AND
..,PETITIONER
...RESPONDENTS
Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or Direction more part,curarry one in the nature of writ of Mandamus by decraring the action of the Respondents Nos.1 to 3 more particularry the Respondent Nos.2 and 3 in fairing to take action upon the Unofficiar Respondent Nos.4 to B who have occupied the MCH open space and the Respondent No g unauthorisedry constructed the shops in the open space and also on the Wrrt petitioner,s Open plot (being in Municrpal No.8331816/3113t128, admeasuring 302 Sq.yards, Situated at lmamguda, (Now
Yousufguda) Hyderabad, which is adjacent to open s )ace by creating a [/lunicipal Door No.8-3-2 22112/Al1 to 6, tr,4adhura Nagar, j_]y jerabad lnfact it is a lVlunicipal Open Space of lVIrs.Shahana Arlumand ap,; roved Layout (vide L P.No.'1l82/P0/6'lA), Situated at yousufguda, Hyderabar and failing to take action in the light of their final notice dt.07-09_2006 issuerl r nder section 636 of HI/C Act, as the Status euo Order for a per/od of two .r I nths granted by this Hon'ble Court on 07-10-2014 rn W.p No 21899/2006 was ex rired on 06-12 2O14, as arbitrary. ex-facje rllegal, highhanded and dereliction of rl rty and consequen y drrect the Respondent Nos.1 to 3 to demolish the satd una _l horized construction in the light of their frnal notrce dt.07-06_2006 issued undesection 636 of HtVIC Act by taking necessary police protection, in the interest just le
l.A. NO: 1 OF 2014(WPM P. NO:4877 10F 20141
Petition under section i 5r cpc praying that in the c rcurnstances stated in the affidavit fired in support of the petition. the High coL r may be preased to direct the respondent No.1 to 3 to demorish the said unauth: .ized construction in the Iight of their finar notrce dated 7 9 2006 issued under se: ion 636 of H[/c Act by taking necessary porice protection wrth an immediate ef i ct pending disposar of the marn writ petrtron
Counsel for the Petitioner: SRl. NAZIR AHMED KHAN counsel'for the Respondent No.1 : Gp FoR MUNrcrpAL AI) ,/ilNrsrRATroN AND URBAN DEVEL() ]MENT
Counsel for the Respondent Nos. 2&3: SRI G. MADHUSUDT{ \N REDDY, SC Counsel for the Respondent No.g: SRI p. V. MAHESH Counsel for the Respondent Nos. 4to6,7:-_
The Court made the following: ORDER
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
WRIT PETITION No.38933 of 2Ot4
DATE OF ORDER: 02.12.2o25
BETWEEN:
Dr.Arshi Khan
. .. Petitioner
AND
The State of Telangana, rep. by its Prl. Secretary and 7 others.
.. Respondents
: ORDER:
This writ petition is fiied to declare the action of respondent Nos.1 to 3 in not taking action any action against unofficial respondent Nos.4 to B who have occupied the MCH open space, despite issualce of final notice dated 07 .09.2006 under Section 636 of the HMC Act and even after the status quo orders issued by this Court on 07.lO.2Ol4 in WP.No.21899 /2006 l:rad expired, as illegal and arbitrary and for a consequential relief.
!-
2
6 . Accordingly, the Writ Petition is disrn i ,sed for nonprosecution. There sha-11 be no order as to costs
Miscellaneous petitions pending, if any, sh,L I staad closed.
SD/. B.REKHA RANI AIi iISTANT REGISTRAR_-=,-
. SECTION OFFICER
<br>I
To,
l Two CCs to GP FOR MUNICIPAL ADM|NISTRAT|OI'I \ND URBAN ^DEVELOPNI_ENT,Hrgh Court for the State of Telangarr,, at Hyderabad tourl 2 One CC to SRI NAZTR AHIMED KHAN, Advocate [bP lC1 3. One CC to SRl. P. V. MAHESH, Advocate TOPUCI 4 One CC to SRl. c MADHUSUDHAN RED-DY, SC [Or JC] 5 Two CD Copies
BIV
TKS
d+-
HlGH COURT
DATED:0211212025
ORDER
f
1H ti-
(
) t) rf r'l
P
*
,c
WP.No.38933 of 2014
DISMISSING THE WRIT PETITION FOR NON-PROSECUTION WITHOUT COSTI;
fJ'
,''6
Dr. Arshi Khan
The State of Telangana (rep. by its Principal Secretary)
The Greater Hyderabad Municipal Corporation
Laxmi Narayana Alishetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
