Citation : 2024 Latest Caselaw 4157 Tel
Judgement Date : 22 October, 2024
HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
(Special Original Jurisdiction)
MONDAY, THE TWENTY NINTH DAY OF DECEMBER
TWO THOUSAND AND FOURTEEN
:PRESENT:
THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO
WP :40485 of 2014
Between:
1 Vanga Harichandra Reddy S/o. Late.V.Anantha Reddy.
2 Vanga Venkat Reddy S/o.Late V. Anantha Reddy.
..... Petitioners
AND
1 The Greater Hyderabad Municipal Corporation, Rep. by its Commissioner,
Hyderabad.
2 The Deputy Commissioner, GHMC, L.B.Nagar Circle -III, Ranga Reddy District,
Hyderabad.
3 Smt. Vanga Hemalatha W/o. V. Surender Reddy, R/o.8-1-164, Karmanghat
Village, Main Road, Hyderabad.
.......Respondents
Petition under Article 226 of the Constitution of India praying that in the circumstances
stated in the Affidavit filed here in the High Court may be pleased to issue an order,
direction or writ more particularly one in the nature of Writ of Mandamus declaring the
action of the Respondents proposing to demolish the premises bearing No. 8-1-28 of the
Petitioners herein in pursuance of the notice, dated 27-12-2014 as illegal, arbitrary, unjust,
and consequently, direct the officials respondents not to demolish the premises bearing
No.8-1-28 situated at Karmanghat Village, Saroor Nagar Mandal, Ranga Reddy District;
The petition coming on for hearing, upon perusing the Petition and the affidavit filed
herein and upon hearing the arguments of SRI G.RAVI MOHAN, Advocate for the
Petitioner, and of Smt.A.Deepthi, learned Standing Counsel for GHMC, for the respondent
Nos. 1 & 2, and the Court made the following:
ORDER:
Learned Standing Counsel seeks time till 31.12.2014 to secure detailed instructions in the matter and so does the Counsel for the third respondent.
It is rather startling to know that, inspite of an order passed by this Court as long back as on 23.01.2013, respondents 1 & 2 have not acted strictly in accordance with law.
I have reason to believe that the second respondent has acted purposefully in the matter. Trying to act upon the order passed by this Court on 23.01.2013 in WPMP No.1556 of 2013 in W.P.No.1281 of 2013 a show cause notice was drawn under Subsection (2) of Section 452 on 14.02.2013. It was served on one Sri V.Ramakanth Reddy at H.No.8-1- 194/N. It was received on behalf of the petitioners by one Sri V.Surender Reddy on 04.03.2013. Till 27.12.2014 the Deputy Commissioner does not finalize the proceedings. He passes the order now under Section 636 of the Act on 27.12.2014, obviously because the contesting respondent herein has filed C.C.No.199 of 2014 in this Court and even now he communicates the order to the petitioners herein who are stated to be residents of H.No.8-1-28, Karmanghat Village, Obviously, this is how the Corporation seeks to help the offenders to get away from the offence committed by them.
No demolitions to be carried out pursuant to the impugned order dated 27.12.2014. Post the matter in motion list on 31.12.2014. Print the name of Ms.A.Deepthi, learned standing counsel for the Municipal Corporation.
The Deputy Commissioner of the Corporation should realize that he will be held personally accountable for the error committed, which is likely to be treated as not an error of judgment, but a deliberate one intending to help the offenders only.
ASSISTANT REGISTRAR //TRUE COPY//
For ASSISTANT REGISTRAR
To
1 The Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad. 2 The Deputy Commissioner, GHMC, L.B.Nagar Circle -III, Ranga Reddy District, Hyderabad.
3 Smt. Vanga Hemalatha W/o. V. Surender Reddy, R/o.8-1-164, Karmanghat Village, Main Road, Hyderabad. (1 to 3 BY RPAD along with the copy of petition and affidavit) 4 One CC to SRI G.RAVI MOHAN, Advocate (OPUC). 5 One spare copy.
SRL
HIGH COURT
NRRJ
DATED: 29.12.2014 NOTE: POST THE MATTER IN MOTION LIST ON 31.12.2014.
ORDER
W.P.NO. 40485 OF 2014
DIRECTION
HIGH COURT Drafted by: SRL Date of Drafting : 31.12.2014
NRRJ
DATED: 29.12.2014 NOTE: POST THE MATTER IN MOTION LIST ON 31.12.2014.
ORDER
W.P.NO. 40485 OF 2014
DIRECTION
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