Mohammed Mohiuddin vs The State Of Telangana
2022 Latest Caselaw 956 Tel

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



             WRIT APPEAL No.122 of 2022

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


     The present writ appeal is arising out of an order

dated 31.01.2022 passed by the learned Single Judge in

W.P.No.4966 of 2022.

     The facts of the case reveal that the appellants/writ

petitioners came up before this Court being aggrieved by

the action of the Khammam Municipal Corporation in

demolishing the shops of the appellants/writ petitioners

i.e., mutton shop, fish shop, chicken shop etc., including

the slaughter house situated at Wyra Road, Khammam

City and District, without following due process of law.

The learned Single Judge has disposed of the writ petition

and a month's time has been granted to the shopkeepers to

vacate the premises in question.

     Learned counsel for the appellants/writ petitioners

has informed this Court that an identical matter i.e,

W.A.No.91 of 2022 (M.D. Anwar and others v. The State of
                                    2




Telangana and others) was disposed of by this Court on

25.02.2022

granting six months time to the other

identically placed persons to vacate the premises, subject

to furnishing an undertaking and in the present case also

the appellants/writ petitioners have agreed to give an

undertaking that they will also vacate the premises in

question within six months.

Learned counsel for the Khammam Municipal

Corporation has stated before this Court that the shops

have been demolished and the appellants/writ petitioners

are continuing in the temporary structures and if the

appellants/writ petitioners are permitted to continue, it will

be health hazardous to the residents of the township i.e.,

Khammam Town.

This Court has asked a specific question to the

learned counsel for the Khammam Municipal Corporation

i.e., since when the appellants are continuing at the place

in question. He was fair enough in stating before this

Court that the appellants/writ petitioners are continuing

for the last twenty years.

In the light of the aforesaid, as in an identical case

six months time has already been granted to vacate the

premises in question, in the present case also six months

time is granted to the appellants/writ petitioners to vacate

the subject premises and the order passed by this Court in

W.A.No.91 of 2022, dated 25.02.2022, shall be applicable

mutatis mutandis in the present case also.

Let a copy of the order passed by this Court in

W.A.No.91 of 2022, dated 25.02.2022, be kept on record in

the present case.

Let the undertaking, as stated above, be filed today

itself in the matter.

The writ appeal is accordingly 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

02.03.2022 vs