AZMATH NAFEES FATIMA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ appeal is directed against the order dtd. 23/8/2022 passed in W.P.No.23668 of 2022 whereby and whereunder the learned Single Judge has dismissed the writ petition.

(2.) The appellant/writ petitioner filed the writ petition seeking to issue a Writ of Mandamus declaring the impugned notice vide proceedings No.3/15/TPS/W10/ C12/KZ/GHMC/2022 dtd. 10/5/2022 affixed on his property, describing it as alleged encroachment, as illegal, arbitrary and contrary to Article 300-A of the Constitution of India.

(3.) The case of the petitioner is that she is the absolute owner and possessor of property bearing H.No.10-3- 14/B/13, admeasuring 350 square yards, situated at Humayun Nagar, Hyderabad, having acquired the same from her husband, namely Mohd. Abdul Hameed, through a registered Gift Settlement Deed dtd. 28/8/2010. She submitted an application on 4/10/2010 enclosing required plans and other necessary documents and sought for building permission from the respondent corporation. The respondent officials, having received the said application, have not granted building permission even after repeated requests. As the application for building permission has not been considered within the statutory period of 30 days, the appellant/writ petitioner has proceeded with the construction under the deemed provision of the Hyderabad Municipal Corporation Act, 1955 (briefly, 'the Act' hereinafter). It is also the case of the petitioner that when the respondent corporation interfered with the construction activity, she filed O.S.No.600 of 2011 on the file of IV Junior Civil Judge, City Civil Court, Hyderabad. The Civil Court decreed the suit vide judgment and decree dtd. 29/8/2011 wherein it has been categorically observed that the appellant/writ petitioner has applied for building permission and the respondent corporation has failed to pass any orders on the said application within the statutory period and as such, the appellant/writ petitioner has proceeded with the construction under the deemed provision under Ss. 437 and 440 of the Act. The respondent corporation having allowed the decree passed by the Civil Court to attain finality, with a mala fide intention has issued the impugned notice dtd. 10/5/2022 under Ss. 402 and 405 of the Act alleging that the appellant/writ petitioner has encroached Safdaria Colony Park on western side of house bearing Municipal No.10/3/15/2 and 10/3/15/3, Humayun Nagar, Hyderabad and directed to remove the encroachment within 24 hours failing which the structure would be treated as unauthorised and further action would be taken for removal of the encroachment under Sec. 405 of the Act. As such, the petitioner prayed to set aside the impugned notice.