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A.ABHISHEK REDDY
Vivekananda Nagar Colony Plot and House Owners Welfare Association – Appellant
Versus
State of Telangana – Respondent
ORDER :
A. Abhishek Reddy, J.
1. This Writ Petition under Article 226 of the Constitution of India has been filed by Vivekananda Nagar Colony Plot and House Owners' Welfare Association, seeking to declare the inaction of the respondents in demolishing the building named as Gold Stone Maple Home Lotus consisting of 1 stilt+5 upper floors in the alleged plot Nos. 47 and 47/A covered by survey Nos. 97, 98 and 99 of Nekmanpur Village, Gandipet Mandal, as illegal and arbitrary and consequently to direct the official respondents to demolish the said building pursuant to the final notice dated 15.11.2019 issued by respondent No. 3-Manikonda Municipality.
2. The case of the petitioner Association, in brief, is that members of the petitioner Association purchased plot Nos. 1 to 46 in survey Nos. 97, 98, 99, 110 and 111 situated at Nekmanpur Village. Subsequently, the members of the petitioner Association have also constructed buildings and also residing therein. Even though as per the layout sanctioned by then Gram Panchayat Nekmanpur Village, there were only 46 plots, the unofficial respondents occupying the open space earmarked for Club House, Swimming Pool and Park, showing the same to be t
Point of law: Jurisdiction of this Court under Article 226 of the Constitution of India is discretionary. Unless this Court is convinced that a person has approached it with clean hands, it is under ....
A writ petition is liable to be dismissed at the threshold when the petitioner purposefully conceals material facts, such as the pendency of parallel civil litigation and the rejection of interim rel....
Illegal construction on government land without ownership or permission does not entitle the petitioners to challenge the Corporation's action. The Corporation's offer of alternative accommodation ma....
The court ruled that demolition orders must follow due process and should only be executed if significant public interest is at stake, emphasizing the right to appeal.
A petitioner must establish ownership and prove claims regarding land disputes to secure injunctive relief against construction, particularly when prior judicial outcomes are unfavorable.
The main legal point established in the judgment is that a petitioner cannot initiate parallel proceedings on the same subject matter by filing a writ petition while already having initiated an appea....
The court upheld that precedents support evictions for safety, prioritizing expert structural reports over tenants' claims when imminent danger exists.
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