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[Cites 6, Cited by 0]

Telangana High Court

Dr. Arumalla Sridhar Reddy vs The District Collector, Hyderabad ... on 22 June, 2022

Author: Surepalli Nanda

Bench: Surepalli Nanda

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
                    AT HYDERABAD
               (Special Original Jurisdiction)

             WEDNESDAY, THE ELEVENTH DAY OF JUNE
                  TWO THOUSAND AND EIGHT
                          :PRESENT:

                THE HON'BLE MS JUSTICE G.ROHINI
                    WRIT PETITION NO : 11858 of 2008
Between:
1  Dr. Arumalla Sridhar Reddy S/o. A. Vemana Reddy
    R/o. Sridhar Super Speciality Dental Hospital, Rama Chandra
Rao
   Road, Suryaraopet, Vijayawada.
2 Smt. Arumalla Radhika Rani W/o.Dr. A. Sridhar Reddy
    R/o. Sridhar Super Speciality Dental Hospital, Rama Chandra
Rao
    Road, Suryaraopet, Vijayawada.
                                             ..... PETITIONERS
                     AND

1 The District Collector, Hyderabad District, Hyderabad.
2 The Spl. Deputy Collector, Land Acquisition, The Greater
Hyderabad
  Municipal Corporation, Tank Bund, Hyderabad.
3 The Greater Hyderabad Municipal Corporation, Rep. by it's
   Commissioner, Tank Bund, 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 in
issuing a declaration in the proceedings of the 1st respondent in
No.D.3/2108/2008 dated 29.04.2008 published in the Hindu English Daily
News Paper dated 05.05.2008 under Section 6 of the Land Acquisition Act
and seeking to demolish the premises of the petitioners located in Sonali
Pearl, Commercial Complex situated in Door No.6-3-788/25/A/B/C,
Punjagutta, Hyderabad without issuing a notification section 4(1) and
without holding any enquiry under Section 5-A of the Land Acquisition Act
as illegal, arbitrary, unjust and violative of Article 300-A of the Constitution
of India and also violative of Section 147 r/w Section 380 of Hyderabad
Municipal Corporation Act, 1956 and consequently set aside the declaration
dated 29.04.2008 in so far as the petitioner's premises is concerned.

               The petition coming on for hearing, upon perusing the petition
and the affidavit filed in herein and upon hearing the arguments of SRI P.
SRIDHAR REDDY, Advocate for the Petitioners and of the Govt. Pleader
for Land Acquisition for the respondents 1 and 2 and of Smt. Kalpana
Ekbote S.C. for GHMC for the respondent No.3, the Court made the
following:
 ORDER:

Smt. Kalpana Ekbote takes notice for R.3 and seeks time for getting instructions.

Post on 13-06-2008 for admission.

Pending further orders, there shall be stay of dispossession and demolition of the property in question.

ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To

1. The District Collector, Hyderabad District, Hyderabad. 2 The Spl. Deputy Collector, Land Acquisition, The Greater Hyderabad Municipal Corporation, Tank Bund, Hyderabad. 3 The Commissioner, Greater Hyderabad Municipal Corporation, Tank Bund, Hyderabad.( 1 to 3 by RPAD) 4.2 CCs to the G.P. for L.A. High court of A.P.Hyderabad. (O.U.T)

5. One C.C.to Smt. Kalpana Ekbote, SC for GHMC, High court of A.P.Hyd.(O.U.T)

6. One C.C.to Sri P. Sridhar Reddy, Advocate. (OPUC)

7. one spare copy.

HIGH COURT RG.J DATED 11-6-2008 POST ON 13-06-2008 FOR ADMISSION ORDER W.P.NO. 11858 OF 2008 STAY Bsr Dt. 11-6-2008 HIGH COURT RG.J DATED 11-6-2008 POST ON 13-06-2008 FOR ADMISSION ORDER W.P.NO. 11858 OF 2008 STAY