R. ASHMITA Vs. NARENDRA PRASAD JAISWAL

JUDGEMENT

(1.) The appellant has challenged the legality of the order dated 28-11-2019, passed by a learned Single Judge, in W. P. No. 37863 of 2018, whereby the learned Single Judge has passed the following order:

(2.) Briefly, the facts of the case are that the respondent No. 1, Mr. Narendra Prasad Jaiswal, claims to be the absolute owner, and possessor of house No. 22-1-520, situated at Noorkhan Bazar, Sultanpura, Hyderabad. According to him, his mother, late Radha Bai, was the owner of the said house. After her death, the property was inherited not only by himself, but also by his other siblings. Moreover, there was an oral partition amongst the brothers and sisters. According to respondent No. 1, his four sisters gifted their shares admeasuring 102. 85 square yards vide two registered gift settlement deeds, bearing document No. 2553 of 2017 dated 06-05-2017, and document No. 2690 of 2017, dated 15-05-2017. Further, according to him, since the house was in a severely dilapidated condition, it was hazardous for the occupants of the house to live in. Therefore, looking at the urgency, he had reconstructed the house. He had also filed an application, dated 09-09-2017, before the Greater Hyderabad Municipal Corporation (for short 'the GHMC'), for regularisation of the construction made by him. However, the said application went unheeded.

(3.) After construction of the house, certain disputes arose between respondent No. 1, and his niece, Ms. R. Ashmitha, who is the appellant before this Court. She submitted a complaint before the GHMC. On the basis of the said complaint, on 31-07-2017, the GHMC issued a notice to respondent No. 1, under Sections 451(1) and 425(1) of the Greater Hyderabad Municipal Corporation Act, 1955 (for short 'the Act'), to show cause as to why the said property should not be demolished.