Ghousia Sultana, vs The Government Of A.P., Rep. By ...
2022 Latest Caselaw 2008 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                    AND
      THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI


               WRIT PETITION No.18252 of 2012

JUDGMENT:    (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


     The petitioners before this Court had filed this present

petition being aggrieved by the notice issued under Section

405 of the Hyderabad Municipal Corporation Act, 1955 (for

short, 'the Act'), directing the petitioners to remove/vacate

their houses/encroachments.

     The petitioners' contention is that during Nizam period,

African Cavalry Guards was one of the unit of army

maintained by Nizam of Hyderabad and pattas were granted

to various persons, who were members of African Cavalry

Guards. They have constructed their houses and they are in

occupation of the houses since time immemorial. However,

certain persons, who wanted to occupy the land, which was in

possession of the petitioners, started filing writ petitions and

in those circumstances, the Greater Hyderabad Municipal

Corporation (GHMC) has issued a notice to the petitioners

directing them to remove the encroachments. The petitioners

have also stated that they have approached the State
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Government for regularising their possession.             However,

nothing has been done. On the contrary, a notice has been

issued for demolition of the houses.

     Learned counsel for the GHMC has fairly stated before

this Court that the GHMC has only issued a notice under

Section 405 of the Act and the GHMC shall certainly look into

the documents, if any, produced by the petitioners and

thereafter, proceed ahead in accordance with law.

     Resultantly, the petitioners shall treat the notice dated

15.06.2012 as a show cause notice, shall file all documents in

support of their title, if any, and the respondent Corporation

shall be free to proceed ahead in accordance with law by

passing a speaking order and by taking into account the

grounds raised by the writ petitioners. The petitioners shall

submit a reply positively within 30 days from today along with

all supporting documents and the respondent GHMC shall

pass an appropriate order within 60 days thereafter. The

respondents GHMC as well as the writ petitioners shall be

free to take recourse to the process of law thereafter.

With the aforesaid, the Writ Petition stands disposed of.

The miscellaneous applications pending, if any, shall

stand closed. There shall be no order as to costs.

______________________________________ SATISH CHANDRA SHARMA, CJ

______________________________________ ABHINAND KUMAR SHAVILI, J 19.04.2022 KL