THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
Writ Appeal Nos.575 and 605 of 2022
COMMON JUDGMENT: (Per the Hon'ble Sri Justice C.V. Bhaskar Reddy)
This order will dispose of both writ appeal Nos.575
and 605 of 2022. For the sake of convenience, the parties
are referred to as arrayed in W.A.No.605 of 2022.
2. Both the writ appeals arise out of the interlocutory
order dated 30.08.2022 passed in W.P.No.25632 of 2022,
whereby and whereunder the learned Single Judge directed
appearance of the Deputy Commissioner of Police, West
Zone, Hyderabad, before the Court on 01.09.2022. While
writ appeal No.575 of 2022 is preferred by the third
parties, writ appeal No.605 of 2022 is preferred by
respondent No.6 in W.P.No.25632 of 2022.
3. We have heard Mr. Katika Ravinder Reddy, learned counsel for the appellants in W.A.No.575 of 2022; Mr. B.G. Ravinder Reddy, learned counsel for the appellant in W.A.No.605 of 2022; Mr. Vedula Venkataramana, learned Senior Counsel appearing for the writ petitioners; 2 and Mr. N. Ashok Kumar, learned Standing Counsel for the Greater Hyderabad Municipal Corporation (GHMC).
4. The related writ petition i.e., W.P.No.25632 of 2022 was filed by the respondent Nos.7 to 23 herein. The case of respondent Nos.7 to 23 herein before the learned Single Judge is that they are the residents of Gudimalkapur Area. On the basis of a licence obtained in the name of one Ms. Tadakara Geetasri, M/s. Vaishnavi Wines (appellant in W.A.No.605 of 2022) is running a Wine Shop in premises bearing H.No.13-6-438/2/9, Opp: Pillar No.86, PVNR Flyover, Gudimalkapur, Hyderabad, based on a lease deed obtained from persons who are not the owners of the property. The said persons have made totally illegal and unauthorised constructions without any construction permission from the GHMC and thereafter executed a registered lease deed in favour of Tadakara Geetasri. While so, respondent No.9 herein (petitioner No.3 in W.P.No.25632 of 2022) filed W.P.No.31764 of 2021 which was disposed of directing demolition of the said premises, as it is totally unauthorised and illegal. Pursuant thereto, the GHMC had conducted proceedings and demolished the 3 illegal structures on 16.05.2022. Immediately thereafter, appellant in W.A.No.605 of 2022 with the help of the subordinate officers of the GHMC started operating the Wines Shop and Permit Room in the open land of the premises thereby creating nuisance and disturbance of the peace of the locality. Therefore, they made representations to respondent Nos.2 to 5 in the writ petition requesting them to take immediate steps to shift the Wine Shop and Permit Room from the said premises to any other premises. Since there was no response, they were constrained to file the writ petition.
5. The learned Single Judge passed the interim order dated 30.08.2022 which reads as follows:-
"Despite this Court directing the respondent-police authorities to provide sufficient Police bandobast for demolition to be undertaken by the Deputy Commissioner, Circle-13, Karwan, K.2., GHMC, Hyderabad, it is stated to this Court that the respondent-police authorities have stated to have addressed a letter dt.24-08-2022 expressing their inability to provide police bandobast on 25-08-2022 at 11.00 hours for the respondent- GHMC authorities to proceed with the demolition. The said letter is issued under the signature of Inspector of Police, Tappachabutra P.S. while the letter was addressed to the Deputy Commissioner of Police, West Zone, Hlyderabad. Since the said action on the part of respondent-police authorities appears to be in disobedience of the orders of this Court, the 4 Deputy Commissioner of Police, West Zone, Hyderabad is directed to appear before this Court on 01.09.2022 List on 01-09-2022."
6. Challenging the said interim order, respondent No.6 in W.P.No.25632 of 2022 i.e., M/s. Vaishnavi Wines, filed W.A.No.605 of 2022, whereas third parties to the writ petition, claiming to be the owners of the subject property, filed W.A.No.575 of 2022.
7. Mr. Katika Ravinder Reddy, learned counsel for the appellants in W.A.No.575 of 2022, submits that the appellants are the absolute owners and possessors of part of premises bearing Municipal No.13-6-438/2/9, comprising of two shops and open land, total area admeasuring 161.00 square yards or 135.24 square meters, situated at Jafferguda, Hyderabad, Telangana State, having succeeded to the said property after the demise of their father Sri E.Balaiah S/o. Late Rajaiah, who originally purchased the said property by way of a registered Sale Deed vide document No.1324 of 1994 dated 07.04.1994; on request made by the appellant in W.A.No.605 of 2022 (petitioner No.6 in W.P.No.25632 of 5 2022), the said property was leased out to them vide registered Rental Deed bearing document No.6932 of 2021 dated 18.12.2021 on a monthly rent of Rs.1,20,000/- excluding electricity charges; and since their rights are involved in the subject property, they are necessary parties to the writ petition.
8. Sri Vedula Venkata Rama, learned Senior Counsel appearing for the writ petitioners in W.P.No.25632 of 2022, would submit that respondent Nos.7 to 23 herein/writ petitioners are the residents of the locality; the leased premises was constructed without obtaining the permission from the GHMC; respondent No.9 herein (petitioner No.3 in W.P.No.25632 of 2022) filed W.P.No.31764 of 2021 which was disposed of by order dated 12.04.2022 directing demolition of the unauthorised constructions; pursuant to the said orders, GHMC had conducted proceedings and demolished the illegal structures on 16.05.2022; appellant herein (respondent No.6) in W.P.No.25632 of 2022 with the help of the subordinate officers of the GHMC started operating the Wines Shop and Permit Room in the open land of the 6 premises, thereby creating nuisance and disturbance of the peace of the locality; since it was brought to the notice of the learned Single Judge that even though orders were passed by this court, the respondents were not taking any action and a direction was sought to provide police aid to carry out demolition of illegal construction wherein the wine shop is being run, learned Single Judge has rightly passed the impugned order and the same does not warrant any interference.
9. Admittedly, W.P.No.25632 of 2022 has been instituted seeking implementation of the directions issued by this Court in W.P.No.31764 of 2021, wherein the learned Single Judge duly taking note of the inability of the GHMC officials to carry out the said directions, has issued direction to the police to provide necessary police aid to implement the orders passed by this Court. By the impugned order, the learned Single Judge, on finding disobedience on the part of the respondent police authorities to provide sufficient police bandobast for demolition to be undertaken by the Deputy Commissioner, Circle-13, Karwan, K.Z., GHMC, Hyderabad, directed the 7 Deputy Commissioner of Police, West Zone, Hyderabad to appear before the Court on 01.09.2022.
10. This Court on 03.09.2022 while granting stay of the order dated 30.08.2022 passed by the learned Single Judge, directed to maintain status quo in all respects as regards the disputed structure till 08.09.2022 and thereafter the interim order has been extended from time to time.
11. Since the unauthorised construction destroys the concept of planned development, it is imperative for the public authority to demolish such constructions, which are raised in flagrant violation of the building regulations and municipal laws and since appellant in W.A.No.605 of 2022 (respondent No.6 in W.P.No.25632 of 2022) is running a wine shop and causing inconvenience to the inhabitants of the locality, we are of the opinion that the order passed by the learned Single Judge does not warrant any interference by this Court in the intra court appeals.
12. Accordingly, both the writ appeals are dismissed leaving it open to the parties to raise all objections and contentions in the pending writ petition. It is clarified that 8 the observations made hereinabove shall not be construed as findings on merits of the matter and the writ petition shall be decided on its own merits.
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ UJJAL BHUYAN, CJ ______________________________________ C.V.BHASKAR REDDY, J 23.09.2022 JSU