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HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA

PRADESH

TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY,

TWO THOUSAND AND FIFTEEN

:PRESENT:

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY

WP .Nos. 24133 of 2014 AND 19854 of 2014

WP .No. 24133 of 2014

Between:

Mir Akthar Ali S/o Mir Salauddin Ali,

Occ: Business, R/o H.No.13-6-437/1, Khaderbagh,

Hyderabad.

..... Petitioner

AND

1 Greater Hyderabad Municipal Corporation, Rep by its Commissioner,

Municipal Building, Tankbund Road, Hyderabad, Circle-VII.

2 Assistant City Planner, Circle No.VII, GHMC, Hyderabad.

.....Respondents

Petition under Article 226 of the Constitution of India praying that in the

circumstances stated in the affidavit filed herein, the High Court may be

pleased to issue a Writ, Order or direction more particularly one in the nature of

Writ of Mandamus declaring the action of the respondents, that without

issuance of any prior show cause notice for demolition of my house

construction bearing No.13-6-437/1, in Kadherbagh Colony, Mahidipatnam

during pendency of the my application for grant of approval to house

construction is being illegal, arbitrary, unconstitutional, and violation of principles

of natural justice and also declare the order under the W.P.No.19854/2014 is

not binding on me.

Counsel for the Petitioner : Sri Venkateswarlu Sanisetty

Counsel for the Respondents : Sri R. Radha Krishna Reddy

WP .No. 19854 of 2014

Between:

1 Mohammed Zaheeruddin Ahmed S/o late Mohammed Sirajuddin,

Occ: Retd. Govt Servant, R/o # 13-6-473/1/k, Khaderbagh Colony,

Mehdipatnam, Hyderabad.

2 Muktar Ali Khan, S/o late Mir Abbas Ali,

R/o # 13-6-437/1/A/3, Khaderbagh, Mehdipatnam, Hyderabad.

3 Mohammed Maroof Ali Khan S/o late Mohammed Mahmood Ali Khan,

age: 24 years, Student, R/o # 13-6-437/1/6, Khaderbagh,

Mehdipatnam, Hyderabad.

..... Petitioners

AND

1 The District Collector, Hyderabad District.

2 The Commissioner, Greater Hyderabad Municipal Corporation,

Hyderabad.

3 The Town Planning Officer, GHMC Circle No.7, Khairtabad, Hyderabad.

4 The Commissioner of Police, Basheerbagh, Hyderabad.

5 Mohammed Nazeer, H.No.13-6-437/1/A/A/2, Khaderbagh Colony,

Hyderabad.

6 Mohammed Munaaf, H.No. 13-6-437/1/A/A/2, Khaderbagh Colony,

Hyderabad.

.....Respondents

Petition under Article 226 of the Constitution of India praying that in the

circumstances stated in the affidavit filed herein, the High Court may be

pleased to issue an appropriate writ or orders more particularly in the nature of

writ of mandamus directing R.2 and R.3 to take urgent action in removing the

unauthorized and illegal constructions made on the part of the colony road by

R.5 and R.6 in Khaderbagh Colony, Mehdipatnam, Hyderabad, and to act as

per the enquiry report in Proc. No.186/TPS/C7/W13/2013 dated 21.06.2014,

and further direct the R.4 to provide the necessary Police force to assist the R.2

and R.3 in removal of illegal construction.

Counsel for the Petitioners : Sri Syed Naimullah Shakeel

Counsel for the Respondent No.1 : G.P. for Revenue (TG)

Counsel for the Respondent Nos.2 & 3 : Sri R. Radha Krishna Reddy

Counsel for the Respondent No.4 : G.P. for Home (TG)

These petitions coming on for hearing, upon perusing the Petitions and the

affidavits filed in both Writ Petitions and the order of the High Court dated 23-7-

2014 & 25-07-2014 made in WP No.19854 of 2014 and dated 30-07-2014 made

in WPMP No.24880 of 2014 in WP No.19854 of 2014 and upon hearing the

arguments of the above named counsel, the Court made the following

ORDER:

This Court, by order dated 25.07.2014 in W.P.No.19854 of 2014,

directed the 5^th and 6^th respondents not to make any further construction

without prior permission from the GHMC and it was also made it clear

that the said order shall not preclude the GHMC from having the order of

status quo, passed by the Civil Court, vacated and thereafter, take action

for demolition of the illegal and unauthorized construction, in accordance

with law.

It is stated that in pursuant to the above said order, the order passed

by the Civil Co