Mohammed Abdul Qadeer v. The state of Telangana
Court: High Court for State of Telangana
Bench: K. SUJANA
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2025-06-04. Mohammed Abdul Qadeer v. The state of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
\ [ 338s ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SMT JUSTICE K. SUJANA WRIT PETITION NO:'t5429 oF 202s Between: Mohammed Abdul Qadeer, t_ate Mohammed Ahmed, Age 52 years, ^S/o. Occu. Business, Rl/o. H. No. 22-3-a99l500,-UiiAfam frrfi'nai, UVOeiaUii:-OZ"- ... PETITIONER AND 1 The State of Telanoana, principal Oy Secretary, lMunicipal B"p. Administration and UrbEn Develoimenl oepartmeir:[Secretariat,'nydJra6iE. -' ^its 2. The Greater Hvderabad Municipar commissioner, Rep. by its commissioner, Hyderabad. 3. The Deputy Commissioner, Circle No. 6, Malakpet, CRZ, GHIVC, Hyderabad. +. pry! Begum, D/o. Qlrahj-afan Late Mohd. Ahmed, Aged 43 yrs. , Occu. House hold, Rl/o. H. No. 13-5-84s, Tapachabutra, ' Xirwan, Uirierafja'ci. - ...
RESPONDENTS Petition under Articre 226 of rheconstitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ, order or direction more particurarry one in the nature of writ of mandamus declaring the action of the 3rd respondent in issuing show notice dated 2B-0s-2025 vide Notice No. s48/TpsAtr3o/c6/cRzcHMci 2025 to the petitioner for demolition of property Municipal No. 22-3-499 and 500 situated at Miralam Mandi, Hyderabad for an extent of 40 sq. yds as ifiegar, arbitrary and contrary to Terangana Municiparities Act, 2019 and consequenfly direct the respondents not to interfere for the altering or renovating the demolished structure by metro rail of Municipal No. 22-3-499 ancl 500 situated at Miralam Mandi, Hyderabad for an extent of 40 Sq. yds. 1 *'*7 lA NO: 1 OF 2025 Petition uncler Section 151 CPC praying that in the circurrstances stated in the affidavit filed in s.
rJrport of the petition, the High court may be pl :ased to direct of the the respondent not . c take any coercive measures including Je'nolition structures of the oe1 t oner property Municipal No. 22-3-499 an I l:i0o situated at Miralam Mandi, l-{yc erabad admeasuring 40 sq. Yds. pendi,r<1 tlisposal of the above writ petition. lA NO: 2 OF 2025 Petition under s)ection 151 CPC praying that in the circunrstances stated in the affidavit filecl in su:port of the petition, the High court may b(r pieased to direct the 3rd Respondent rot to interfere with the petitioner property Mun cipal No. 22-3- 499 and 500 situated at tVliralam Mandi, Hyderabad admeasurirrg 40 Sq. Yds for altering or renovating the demolished structure by metro rail pe nc ing disposal of the above writ petitic r. Counsel for the Pet tioner: SRI VENKAT REDDY KODUMURY Counsel for the Res,pondent No. 1: AGP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Resrpondent Nos. 2 & 3: SRI D.
BALU' REPRESENTING SRI R. VENKATESH, S. C. FOR GHMC Counsel for the Re:;pondent No. 4: - The Court made the, following: ORDER THE HON'BLE SMT JI,STICE K. SUJANA WRIT PETITI ON No. 1542 9 of2o25 ORDER: This Writ Petition is fiied by the petitioner chalienging the issued by respondent impugned shorv cause notice dated 2a 'O5 '2025 explanation enclosing the No. 3 directing the petitioner to submit his cause for making unauthorized documents by showing sufhcient construction of Ground + 1 upper floor in schedule propert5r i'e" house bearin g Nos. 22-7 -548 to 551, 22-3-,498 to 50O' 22-3-477 and 22-3-478 Situated at Mir Alam Mandi, Hyderabad, within lrfteen (15) days from the date of receipt of the impugned show catrse notice' c Heard Sri Venkat Reddy Kodumury, learned counsel for the petitioner and Sri D. Balu, learned counsel representing Sri for respondent Nos 2 and 3- R. Venkatesh, learned Standing counsel for GHMC as well as learned Assistant Government Pleader respondent No.
I - Perused the record' the petitioner submitted that 3. Learned counsel for the the threatening the petitioner for demolishing respondents are considering the constructions in the schedule ProPerty without the explanation sukrmitted by him on 37 O5'2O25' Hence' he prayed I from demolishing the schedule t Court to restrain the respondents property. l & 4. On tire iiher hand, iearned Standing Counsel f;r respondent Nos. 2 and 3 -s i brnitted that the permission is grantcc t ) construct Ground + L in 70 sq. yards of iand. He further submrtteC lhat though the petitroncr r; making construction of Grolrnd + 2 in 1O sq. vards of iand, the sar ne ir ;-rot registered in the GHMC portal. 5. Having r-:gard to the submissions made ltv bc. h thc parties and material rL,. iiilabie on record, it is apparent that the pe litioner has already subrnir t,:d his explanation on 31. 05. 2025. Herice, :onsidering the facts ard crrcumstances of the case, this C;ouri is incllned to direct resporrc eni No.
3 to consider the explanation gi,en by the petitioner o;r l' . ()5. 2025. Furthcr, the petitioner is i'. 1-. o directed to reglster in rliill,{C portal for the purpose of constructions in the schedule i)r. )p( rL,! . It is made clear that the respondenl s i rre directed ,iroperty not to cie n:ol s h the schedule without c c '. s dering the explanation su rtirtted by the petitioner. I 6 Wi1-i1 t:L€ :rbove directions, Lhe r,,'rit petition is c,isposed of There sha. 1 lre rrr L;rder as to costs. I l Misr:eiir:r eor-rs petitions, if aity pending, shali stard closed SD/- P. PONNA KRISHNA /\ ASSIS-TANT REGISTRAR //TRUE COPY// lr\ \ i\. I sECTroN oFFtcER To, U 1 The Deputy (lcmmissioner, Circle No. 6, Malakpet, CRZ, GlI\iC, Hyderabad. 2 One CC to Sl:lt VENKAT REDDY KODUMURY, Advocate lOpUCl 3 tlP for-Municipat Administration and Urban )e,relopment, Iry:j9:^,! " High Uourt tor the :i ate of Telangana at Hyderabad. [OUT] 4 One CC to Sfll R. VENKATESH, S. C.
for GHMC tOpUCl 5 Two CD Crrpir:r; ry- MP €:l:iffiM VACATION C OURT HIGH COURT DATED:0410612025 . 2. \E S147 o\' t . 2S6 ,rili L) I li . i, wl ,| . * ^'* . ). - ( . ii:.. _ :- ---' . 2:7 ORDER WP. No. 15429 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS { I \t t, L
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