MOHAMMED AMJAD Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed seeking to declare the action of the respondent authorities in threatening to demolish the premises bearing Plot No.6, H.No.9/4/80, 9/4/80/1 and 9/4/80/2, admeasuring 643 sq. yards, situated at Berbun, Nanalnagar, Hyderabad, without issuing any notice during pendency of the regularization application, as illegal and arbitrary.

(2.) Ms. Vladimeer Khatoon, learned counsel for the petitioners, submits that the petitioners are absolute owners and possessors of the subject property, which they have purchased by way of a registered sale deed, dtd. 28/2/2018. The respondent authorities visited the petitioners' premises on 4/11/2019 and interfered with repair work and threatened to demolish the structures, without issuing any notice and without following the due procedure. The petitioners were constrained to approach the Court below by filing O.S.No.1769 of 2019 before the VII Senior Civil Judge, City Civil Court, Hyderabad. The Court below has granted ad interim injunction on 16/12/2019 and the main suit is pending for adjudication. It is submitted that the petitioners made a representation on 24/2/2022 to the GHMC as well as to the Principal Secretary, Municipal Administration and Urban Development, not to take any stringent action against the repair/construction work carried out by the petitioners. It is stated that the respondents failed to consider the said representation. When the suit is pending for adjudication before the civil Court, where ad interim injunction is granted, the respondents are trying to demolish the structures belonging to the petitioners. Hence, the petitioners approached this Court by filing the present writ petition.

(3.) Mr. N. Ashok Kumar, learned Standing counsel for GHMC for respondent Nos.2 to 4, filed counter and submits that the petitioners have come before this Court by suppressing several facts and with unclean hands and the writ petition has to be dismissed with exemplary costs. The respondent officials during their routine inspection have found that the petitioners herein have illegally and unauthorisedly laid footings and columns without prior permission. Immediately, they have stopped the construction work and issued notice under Sec. 452(1) and 461(1) of HMC Act, dtd. 19/9/2019. After receiving the notice, they have approached the Court below and have obtained ad-interim injunction against the Corporation by mis-representation of facts and suppressing the material facts and constructed a building consisting of five floors. On a vacate petition was filed by the respondent Corporation, the Court below has vacated the said ad-interim injunction, by order dtd. 27/7/2021. It is stated that another suit in O.S.No.2452 of 2019 on the file of IV Junior Civil Judge, City Civil Court, Hyderabad, was filed by the petitioners and the same was dismissed for default on 27/9/2021. Learned standing counsel has also filed the photographs of the building consisting of five floors, which are not denied by the learned counsel for petitioners.