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SATISH CHANDRA SHARMA, ABHINAND KUMAR SHAVILI
Commissioner – Appellant
Versus
Ghousia Begum – Respondent
JUDGMENT :
Satish Chandra Sharma, J.
1. The present writ appeal has been filed by the appellants (Greater Hyderabad Municipal Corporation) (GHMC) being aggrieved by the order dated 28.10.2021 passed in W.P.No.12898 of 2021.
2. The facts of the case reveal that the respondent No.1/writ petitioner, Smt. Ghousiya Begum, came up before the learned Single Judge being aggrieved by the notice dated 01.06.2021 issued under Section 456 of the Greater Hyderabad Municipal Corporation Act, 1955 (for short, “the GHMC Act”), and challenging the same as illegal, arbitrary, unconstitutional and contrary to the GHMC Act as well as the Municipal Corporation Building Bylaws, 1981. The facts, as reflected from the writ petition, reveal that Smt. Fatima Bee, mother of the respondent No.1/writ petitioner was the absolute owner and possessor of the property bearing open plot No.422, admeasuring 133 square yards situated at Lakshmi Narasimha Nagar, Yellareddyguda, Hyderabad. She has acquired the said property by virtue of a patta certificate dated 12.06.1981 issued by the then Government of Andhra Prades
The impugned notice issued by GHMC was set aside as it was found to be illegal and arbitrary for not following the due procedure laid down under the law.
Authorities must adhere to procedural fairness and cannot act arbitrarily when authorized actions affect property ownership, especially when statutory appeals are pending.
A decision is vitiated by irrationality if the decision is so outrageous, that it is in defiance of all logic; when no person acting reasonably could possibly have taken the decision, having regard t....
Building permits obtained through misrepresentation can be revoked by the Commissioner, emphasizing the necessity for truthful declarations in property disputes.
The main legal point established in the judgment is that disputes involving property title are within the jurisdiction of civil courts, and seeking remedies under civil law is the proper course of ac....
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