Telangana High Court
Mubarak Ahmed vs The State Of Telangana And 6 Others on 4 March, 2022
Author: P. Madhavi Devi
Bench: P. Madhavi Devi
PMD,J
W.P.No.9144_2022
THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI
WRIT PETITION No.9144 OF 2022
ORDER:
This Writ Petition has been filed by the petitioner, seeking a 'Writ of Mandamus,' declaring the action of the Respondents/Officials in demolishing the structure of the petition schedule property without any intimation and without any notice under HMC Act, as illegal and arbitrary.
2. It is submitted that the petitioner, having obtained the permission for construction of Ground + 2 floors, has laid the foundation and without any notice to him, the respondent authorities have demolished the pillars raised by him and in evidence thereof, he has filed copies of photographs at Pages 56 to 59.
3. The learned Standing Counsel, Mr.N.Ashok Kumar, on instructions, submits that the petitioner has erected RCC columns for construction of Ground floor in deviation to sanctioned plan and encroached the road margin and therefore, the Special Task Force Team of TS-bPASS, has demolished the RCC columns in front, for deviations in leaving the set-backs.
4. At this juncture, learned counsel for the petitioner submits that the petitioner undertakes to make the construction 2 PMD,J W.P.No.9144_2022 strictly in accordance with the sanctioned plan and after leaving the set-backs as specified in the building permission and if any deviations are there, then the respondents are free to take action as per the provisions of the GHMC TS-bPASS Act.
5. Recording the above submissions of both the parties, the Writ Petition is disposed of and the Respondents 6 & 7 are also directed to issue notice to the petitioner, if there are any deviations to the sanctioned plan, before taking any coercive action against the petitioner.
6. The Writ Petition is accordingly disposed of. No order as to costs.
7. Pending miscellaneous petitions, if any, in this Writ Petition, shall stand closed.
___________________________ JUSTICE P. MADHAVI DEVI Date: 04.03.2022 Note: Issue CC by 07.03.2022.
B/o. ysk 3 PMD,J W.P.No.9144_2022 THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI WRIT PETITION NO.9144 OF 2022 Date: 04.03.2022 4 PMD,J W.P.No.9144_2022 ysk