Smt. A. Saraswathi v. The State of Telangana
Court: High Court for State of Telangana
Bench: T.VINOD KUMAR
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-01-04. Smt. A. Saraswathi v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR PRESENT . THE HONOURABLE SRI JUSTICE T. VINOD KUMAR WRIT PETITI ON NO: 132OF 2024 Between: 1 . Smt. A. Saraswathi, W/o. Sri A. Sriramulu, Aged about Occ. Household, Rt/o. H-No. 8-2-2g3lSl t1 , Road Nb. 12. Venkateswara Banjara Hills, Hyderabad - 5OO 03, Telangana State. 2. Naga Srinivas, S/o. Sri A. Sriramulu, Aged 4. about 4g years, Occ. Employe. e,.. R/o H-No8-2-293t5il1, Road- No. 14, Venkateiwam Banjara Hills, Hyderabad - 500 03, Tetangana State. ... PETITIONERS AND 1. p! a! e of Telangana, Rep. by its Principal Secretary Jle Municipal Administration and Urban Develbpment S6cretariat, Secretariaf Building, Hyderabad. 2 The Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad. 3. The Zonal Commissioner, Greater Hyderabad Municipal Corporation, Khairatabad Zone, Hyderabad. 4.
The D^eputy Commissioner, Greater Hyderabad Municipal Corporation, No. 18, Khairatabad, Hyderabad. 5. Mr. A. Anantham, S/o. Late Sri A. Babaiah, Aged years, about 76 Occ. Retired Govt. Emptoyee, R/o. H-No. B-2-293t57 t1, Road No. 1+, Venkateswara Nagar, Eanjara Hills, Hyderabad - SO0 034, Telangani ... RESPONDENTS Petition under Articre 226 ot the constitution of lndia praying circumstances stated rn the affidavit fited therewith, the High Court may pleased to issue a writ, order or orders, more particularly one in the nature writ of Mandamus, declaring the action of the Respondents, more particularly, Respondent in issuing speaking order No. 2g3/Tps/DC/c -1Btl<zlGHMCt2o2g, daled. 1511212023 directing the Petitioners to remove the alleged illegal unauthorized constructions, as being illegal, arbitrary, contrary to the TS_bpASS Acl.
2O2O and GHMC Act, 1955, besides being violation of Article 14 and 300-4 of the Constitution of lndia and consequently direct the Respondents not to interfere, remove/demolish the renovation work done by the Petitioners at premises H-Nos. 8-2-293157 and 8-2-29315711, lo an extent of 50 sq. yrds each situated at Venkateswara Nagar, Road No. 14, Banjara Hills, Hyderabad duly suspending the operation of speaking order No. 293/TPS/DC/ C-18/KZIGHMCI2O23, daled. 15t12t2023. lA NO: 1 OF 2024 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 to direct the Respondents not to removeidemolish the renovation work done by the Petitioners at premises H-Nos. 8-2-293157 and 8-2-29315711, to an extent of 50 sq yrds each situated at Venkateswara Nagar, Road No. 14, Banjara Hills, Hyderabad duly suspending the operation of the speaking order No. 293/TPS/DC/C-1 &ll<ZJ GHMC 12023, dated.
1 5 I 1 2t 2023 lA NO: 2 OF 2024 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 to direct the Respondents to suspend/quash regularization proceedings No. 258125777 in /RBI4O/92, file No. 1O92Off P dated. O2l03l2O0O and assessment proceedings 1180812752 issued against petitioners property and in favour of 5'h respondent duly taking in to consideration of petitioners representation dated. 2611212023. Counsel for the Petitioners: SRI BONDEMPALLY RAMULU Counsel for the Respondent No. 1: cP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No. 2 to 4: SRI K. SIDDHARTH RAO, FOR GHMC Counsel for the Respondent No. 5: NONE APPEARED The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No. 132 of 2024 @EB: This Writ Petition is filed to declare the Speaking Order passed of house property dt. L5. L2.
2023 by the 4h respondent, in respect to an extent of square bearing H. Nos. 8-2-293157 and 8-2-293157/1 50 yards each situated at Venkateswara Nagar, Road l'1o. 14, Banjara Hills, Hyderabad, as being illegal, arbitrary, contrary to the TS-bPASS Act, 2020 and GHMC Act, 1955, besides being violation of Articles 14 and 300-A of the Constitution of India and consequently, direct the respondents not to intefere, remove/demolish the renovation work done by the petitioner at the subject Premises. 2, Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No. 1 and Sri K. Siddharth Rao, learned Standing Counsel, appearing for respondent Nos. 2 to 4 and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the admission stage. 3.
Having regard to the manner of disposal of the Writ Petition at the admission stage and the /ts involved in this Writ Petition, this Court is of the view that notice to unofficial respondent No'5 is not necessary for adjudication of the present Writ Petition 4. In view of the facts and circumstances of the case, without delving into the merits of the matter, since the petitioner has a remedy of appeal under Sections 654 and 655 of the Greater Hyderabad Municipal Corporations Act, 1955 (for short,'the Act') against the order impugned; that adririttedly, the petitioner did not avail the said remedy; and that as it is not shown to this Court that the said remedy of appeal is inefficacious, this Court is of the view that the petitioner should be relegated to avail the remedy of appeal under Sections 654 and 655 of the Act. 5. Subject to above obseruations and granting liberty to the petitioner as aforesaid, the Writ Petition is disposed of. No order as to costs.
Miscellaneous petitions, if any, pending in this writ petition shall stand closed. No order as to costs. A KAVI SDI. V. REGIST ASSISTANT COPY,, /TTRUE O tCER I SECNON \ To, lffi- TJ BSR w HIGH COURT DATED:0410112024 gE STATE { o ( 7 a f, ORDER l-r11 ? ul C) o I 1 L) -\- + WP. No. 132 o12024 c * oi: a t.. 1. 1-' DISPOSING OF THE WRIT PETITION WITHOUT COSTS. c46o t\ Y(- 7til"1
Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.