THE HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION No.28146 of 2014

ORDER:

This writ petition is filed declaring the impugned notices dated 04.09.2014 issued by the 2^nd respondent under section 459 of the GHMC Act for the demolition of the petitioners’ structures comprising 12 mulgies, forming part of premises No.1-8-74, situated in Sy.No.391 of Budwel Village, Rajendra Nagar Mandal & Municipality, Ranga Reddy District, alleged to be in a dilapidated condition, as illegal, null and void.

2. Learned Counsel for the petitioners would submit that petitioners are all tenants of the subject mulgies, while so, 2^nd respondent issued notices dated 04.09.2014 for demolition of the said mulgies on the ground that the same are in dilapidated condition. He further submits that the impugned notices issued by the 2^nd respondent are vague and no details of the property and boundaries are mentioned and as such, the impugned notices are liable to be said aside only on the sole ground. He also submits that the subject mulgies are being claimed by respondent Nos.4 to 7 and in fact a suit for partition in OS.No.1474/2013 is filed by them and the same is pending on the file of III Additional District Judge, Ranga Reddy District.

3. Learned Counsel for the petitioner further submitted that Respondent No.4 who is one of the owners of subject mulgies filed counter stating that the subject structures are in good condition, which clearly demonstrates that the official respondents have issued notices without any inspection and without application of mind.

4. Learned Standing Counsel for respondents 2 and 3 on instructions would submit that pursuant to the impugned notices dated 04.09.2014, no further steps have been taken and in fact as per his instructions, the subject structures are in habitable condition, therefore, the respondents are not pursuing or taking any steps consequent to the impugned notices dated 04.09.2014.

5. In view of the aforesaid submissions made by the learned Standing Counsel for respondents 2 and 3, the writ petition is closed. However, the official respondents are at liberty to take steps in accordance with law, in case it is found that the subject structures are in dilapidated condition, by duly following the procedure contemplated under GHMC Act. There shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.

___________________________________ LAXMI NARAYANA ALISHETTY, J Date: 28.08.2025 tk