Abdul Rasheed Khan, vs The Special Deputy Collector ...

    IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
                        AT HYDERABAD
                   (Special Original Jurisdiction)
            MONDAY, THE TWENTY FIRST DAY OF JULY
                  TWO THOUSAND AND EIGHT
                            :PRESENT:

                  THE HON'BLE MS JUSTICE G.ROHINI
                   WRIT PETITION NO : 15538 of 2008
Between:
Abdul Rasheed Khan, S/o. Late Mohd. Abdul Samad Khan
R/o.H.No.8-3-168/1, Erragadda, Hyderabad.
                                                                  ..... Petitioner
                       AND
   1     The Special Deputy Collector (L.A.), Greater Hyderabad Municipal
       Corporation, Hyderabad, having its office at 6th floor, Municipal
   Complex,
       Tankbund, Hyderabad.
   2 The Greater Hyderabad Municipal Corporation, rep. by its Special
   Officer
        cum Commissioner, having its office at M.CH. Complex, Lower Tank
        Bund Road, Hyderabad.
   3 The Greater Hyderabad Municipal Corporation, rep. by its Assistant
   City
        Planner Town Planning Section, Circle No.5, Khairatabad,
   Hyderabad.
                                                                .....Respondents
               Petition under Article 226 of the Constitution of India praying
that in the circumstances stated in the Affidavit filed herein the High Court
may be pleased to issue a writ order or direction more particularly one in the
nature of Writ of Mandamus, declaring the impugned order
Rc.No.B/1167/2006/600 dated 05.07.2008 is illegal, void, unconstitutional
and in contravention of the Judgment in W.P.No.24167 of 2005 dated
11.11.2005 and as such it has to be declared as illegal, void and
unconstitutional and consequently direct the respondents not to dispossess
the petitioner from property bearing Municipal No.8-3-168/1, in an extent of
140 sq. yards situated at Erragadda, Hyderabad;

             The petition coming on for hearing, upon perusing the petition
and the affidavit filed herein and upon hearing the arguments of SRI
MOHD.ZIA-UL-HAQ, Advocate for the Petitioner and of Smt. Kalpana Ekbote,
S.C. for GHMC for the respondents, the Court made the following:

ORDER: Smt. Kalpana Ekbote, who accepted notice for the
respondents seeks time to get instructions.
        Post on 24-07-2008.
        Pending further orders, there shall be interim stay of
dispossession of the petitioner from the property in question for a
period of one week from today.


                                                    ASSISTANT REGISTRAR
                               // TRUE COPY //
                                                 for ASSISTANT REGISTRAR
To
     1. The Special Deputy Collector (L.A.), Greater Hyderabad Municipal
         Corporation, Hyderabad, having its office at 6th floor, Municipal
     Complex,
         Tankbund, Hyderabad.
     2 The Special Officer cum Commissioner, Greater Hyderabad
     Municipal
         Corporation, having its office at M.CH. Complex, Lower Tank
         Bund Road, Hyderabad.
     3 The Assistant City
         Planner Town Planning Section, Greater Hyderabad Municipal
         Corporation, Circle No.5, Khairatabad, Hyderabad. ( 1 to 3 by RPAD)
     4. One C.C.to Smt. Kalpana Ekbote, Advocate. (OPUC)
     5. One C.C.to Sri Mohd. Zia-ul-Haque, Advocate. (OPUC)
     6. one spare copy.




HIGH COURT




RG.J




DATED 21-07-2008




POST ON 24-07-2008




ORDER

W.P.NO. 15538 OF 2008 INTERIM STAY Bsr Dt. 22-7-2008 HIGH COURT RG.J DATED 21-07-2008 POST ON 24-07-2008 ORDER W.P.NO. 15538 OF 2008 INTERIM STAY