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Telangana High Court

Mr. Syed Abdul Khader vs The State Of Telangana And 4 Others on 21 February, 2022

Author: P. Madhavi Devi

Bench: P. Madhavi Devi

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                                                                     PMD,J.
                                                                WP.No.29931 of 2021



          HONOURABLE SMT. JUSTICE P. MADHAVI DEVI


                     WRIT PETITION No. 29931 OF 2021

ORDER :

This writ petition is filed seeking a writ of mandamus, declaring the action of the official respondent No.3 in passing demolition order dated 18-11-2021 by issuing notice vide No.612/1/5/TPS/ C-14/KZ/GHMC/2021 under section 452 (2) of HMC Act, 1955 ignoring the petitioner's explanation dated 10-11-2021 and proceeding for demolition in respect of the portion of his property at ground-floor in premises bearing Nol5-1-612 admeasuring 90 sq.yards situated at Troop bazaar, Syed Jung Lane, Hyderabad, as illegal, arbitrary, ex-facie illegal and consequently to direct the respondent No.3 not to demolish the aforesaid property.

2. This matter came up "for admission", earlier on 23-11-2021 and notice to the respondents was ordered. The learned counsel for the petitioner submits that the building constructed by the petitioner has already been demolished, and therefore, this writ petition has become infructuous, but fresh application will be made to the authority for construction of building and seeks permission to do so.

3. The learned standing counsel for the respondent No.3 submitted that the property built by the petitioner was unauthorized and accordingly it was demolished after giving due notice to the petitioner. 2

PMD,J.

4. Since the building was already razed to the ground this Court finds that the writ petition has become infructuous and the same is liable to be dismissed, as such.

4. Accordingly, the writ petition is dismissed at the stage of admission. No costs. Liberty is granted to the petitioner to make an application for fresh construction, which shall be considered by the respondents in accordance with law.

5. As a sequel, miscellaneous applications if any, shall stand disposed of.

_________________________ JUSTICE SMT. P. MADHAVI DEVI.

21-02-2022 ISL 3 PMD,J.

HON'BLE SMT. JUSTICE P.MADHAVI DEVI WRIT PETITION No. 29931 OF 2021 ( DISPOSED OF AT THE STAGE OF ADMISSION ) Circulation No. Date: 21-02-2022 Court Master: I 5 L 4 PMD,J.