Mohammed Zabiullah v. Greater Hyderabad Municipal Corporation
Court: High Court for State of Telangana
Bench: T.VINOD KUMAR
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-02-20. Mohammed Zabiullah v. Greater Hyderabad Municipal Corporation. Read the judgment and case...
Judgment text
t 3166 I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION O: 3625 OF 2024 Between: 1. Mohammed Zabiullah, S/o. Mohd. Jahangir, Aged about 43 years, Occ Business, R/o. 19-2-16/8/3, Misrigunj, Charminar, Hyderabad 2. Sveda Amatul Butul, Wo. Mohammed Zabiullah, aged about 41 years, Occ Hbusewife R/o. 19-2-16/8/3, Misrigunj, Charminar, Hyderabad ... PETITIONERS AND 1 Greater Hyderabad Municipal Corporation, Rep. , by its Commissioner 2 The Zonal Commissioner, Charminar Zone, GHMC, Hyderabad 3 The Deputy Commissioner, Charminar, Circle No. I, GHMC, Hyderabad 4. The Chief City Planner, Town Planning Section, GHMC, Hyderabad 5. The Assistant City Planner, Town Planning Section, Circle No. 9, GHMC, Hyderabad. 6.
The State of Telangana, Rep by its Principal Secretary, Municipal Administration and Urbin Developmerit, Secretariat, Hyderabad. ... RESPONDENTS Petition under Arlicle 226 of the Constitution of lndia praying that in the circumstances slated in the affidavit filed therewith, the High Court may be pleased to issue an appropri€te writ, order or direction' more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in seizing the petitioners property at Municipal No. 20-5-663 and 664, admeasuring 203 Square Yards or equivalent to 169. 70 Square meters, situated at Mohalla Chowk Aspaan, Hyderabad, Telangana on 21-O7 -2023 though an order of status quo granted in l. A. No. 609 ot 2O22 in O. S. No.
5300 of 2O22 on the file of the Vl Junior Civil Judge, City Civil Court, Hyderabad was in force on the said date as illegal, arbitrary and in violation of Article 14, 19 and 300-A of the Constitution of lndia and the provisions of the GHMC Act and consequently direct the respondents to lift the seizure and release the petitioners property at Municipal No. 20-5-663 and 664, admeasuring 203 Square Yards or equivalent to 169. 70 Square meters, situated at Mohalla Chowk Aspaan, Hyderabad, Telangana to the petitioners. lA NO: 1 OF 2024 ' Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petltion, the High Court may be pleased to direct the respondents to lift the seizure and release the petitioners' property, to the extent of the stilt + 2 floors for which the petitioners have a valid building permit vide Permit No. 1067 47l8933lGHMCl2021 dated 27. 11. 2021, located at Municipal No.
20-5-663 and 664, admeasuring 203 Square Yards or equivalent to 169. 70 Square meters, situated at Mohalla Chowk Aspaan, Hyderabad, Telangana, pending disposal of the writ petition. Counsel for the Petitioners: SRI C. SHARAN REDDY Counsel for the Respondent No. l to 5: SRI PRAVEEN KUMAR VEERJALA, SC FOR GHMC Counsel for the Respondent No. 6: cP FOR MCPL ADMN & URBAN DEV The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No. 3625 ol 2024 ORDER: This Writ Petition is filed for issuance of Writ of Mandamus to ( declare the action of 3'd respondent, in seizing the petitioner's property at Municipal No. 20-5-663&664, admeasuring 203 square yards or l equivalent to 169. 70 square meters situated at Mohalla Chowk Aspaan, Hyderabad, Telangana dated 21. 07. 2023 through an order of statrrs granted in I. A. No. 609 of 2022 in O. S. No.
5300 of 2022 on the file eao of VI lunor Civil Judge, City Civil Court, Hyderabad was in force on the t: said dae, as being illeEal, arbitrary and in violation of Articles 14, 19 and 300-4 of the Constitution of India and the provisions of the GHMC t Act. I 2. The present Writ Petition is taken up for hearing, learned Standing Counsel appearing on behalf of respondents submits that a speaking order has been passed by the respondent authority with regard to the deviations made by the petitioner while undertaking construction, on the basis of the building permission obtained for construction of stilt + two floors and having made construction of a 3'd floor and pent house in deviation of the sanctioned plan. 3.
Learned Standing Counsel further submits that it is against the said unauthorlzed construction made in deviation of the sanctioned been impugned proceeding has plan as well as the additional floor, the petitioner passed and in the absence of any challenge to the order' the cannot maintain the present petition. for the petitioner seeks permission 4. At this stage learned Counsel 2l'05'2023 by of the Court to challenge the speaking order dated approaching the competent Court. 5. Granting liberty as sought, the Writ Petition is disposed of' No costs petitions, if any, pending in this 6 Consequently, miscellaneous writ petition shall stand closed. . i SD/. T. JAYASREE ASSISTANT REGISTRAR //TRUE COPY// SECNONKFICER To, \ l. TheCommissioner,GreaterHyderabadMunicipalcorporation. Charminar Zone' GHMC' Hyderabad 2. The Zonaloommissioner' Circle No- I' GHMC' Hyderabad Commissioner' Charminar' 3. The Deputy Hyderabad Section' GHMC' 4.
The Chief City Planner, Town Planning No 9' GHMC' Planning Section' Circle Planner' Town 5. The Assistant City HYderabad. and Urban Development' Secretary' Municigal. Administration 6. The Principal " relansana' sdltitliii[ nvderabad; state of REDDY' Advocate [OPUCI 7. One CC to SRI C'SHARAN VEERJALA' SC FO GHMC [OPUC] 8. One CC to SRI PRAVEEN KUMAR for the State MCPL ADlilN & URBAN DEV' High Court 9. Two CCs to GP FOR " oi r=. i"ngrn, at HYderabad [oUTl '10. Two CD CoPies -$v- BSR BS I I HIGH COURT DATED: 2010212024 ,4E S IA 16: 1 o \ q . J v J 6 FtB 2024 ORDER o 2 o i WP. No. 3625 of 2024 * rO Df's; p qT C\l DISPOSING OF THE WRIT PETITION, WITHOUT COSTS cS { . >
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