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    Thirtieth: High Telangana AT DAY Twenty THE Writ Petition

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    advzubby

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    Thirtieth: High Telangana AT DAY Twenty THE Writ Petition

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    advzubby
    15 views4 pages

    Original Title

    206300272422024_1_241016_185903

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    Thirtieth: High Telangana AT DAY Twenty THE Writ Petition

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    I 3168 I

    HIGH COURT FOR THE STATE OF TELANGANA


    AT HYDERABAD
    MONDAY, THE THIRTIETH DAY OF SEPTEMBER
    TWO THOUSAND AND TWENTY FOUR I
    :PRESENT:
    THE HONOURABLE SRI JUSTICE K.LAKSHMAN /
    WRIT PETITION NO: 27242 OF 2024 /
    Between:
    1. D.Gajay Singh, S/o. late D.Manbhar Singh Aged 64 years, Occ. Retired Bank
    Employee, R/o.l-5-458lPlll, Phanigiri Colony, Kothapeta, Opp. Saibaba
    Temple, Hyderabad.
    2. T.Kalavathi, W/o.late T.Anand Kishore, Aged '13 years, Occ. Retd. Gor.t.
    Employee, R/o. I -5 -45 8/P 1, Maruthinagar, Phanigiri Colony, Hyderabad.
    3. T.Pinki, Wo.T.Ashok Kumar, aged 34 years, Occ. Pl.t. Employee, R/o.l-5-
    458lPl, Maruthinagar Colony, Phanigiri Colony, Hyderabad.
    4. Ashok M.Bhupta, S/o.late Magalal M Bhupta, aged 55 years, Occ. Kirana Shop
    Business, R/o. I -5 -4 5 8 lP I 12, Maruthinagar, Phanigiri Colony, Hyderabad
    5. Bodega Narasimha, S/o. late Bodes Anjaiah, Aged 48 years, Occ. Vegetable
    Vendor, R/o.1-5-4581811, Phanigiri colony, Backside of Saibaba Temple,
    Hyderabad.
    6. Bunga Naresh, S/o. late Bunga Yadagiri, Aged 38 years, Occ. Pw. Driver.
    R/o.l-5-3751119, SVS Nagar Colony, Near Saibaba Temple, Chaitanpuri,
    Hyderabad,.
    l. Bunga Suresh, S/o. B.Yadagiri, Aged 36 years, Occ. Pvt. Employee, R/o.l-5-
    3151119, SVS Nagar Colony Near Saibaba Temple, Chaitanpuri, Hyderabad

    Petitioners I
    AND

    l. The State of Telangana,rep. by its Principal Secretary, Revenue Department


    Dr. B.R.Ambedkar Secretariat Building, Hyderbad.
    2. The State of Telangana, rep. by its Principil Secretary Department of Irrigation
    Development Dr. B.R.Ambedkar Secretariat Building, Hyderbad. z
    3. The District Collector, Medchal Malkajgiri District
    4. The Deputy Executive Engineer, I and CAD IB Sub Division Medchal
    Malkajgiri District. I
    5. The GHMC Greater Hyderabad Muncipal Corporation, , r€p. by its
    Commissioner Lower Tank Bund, Hyderabad. /
    6. The HMDA Hyderabad Metropolitan Development Authority, rep. by its
    Commissioner Swarna Jyanti Complex Sanjeevareddy Nagar, Srinivasa Nagar
    Hyderabad. f
    Ameerpet,
    1. The HYDRAA Hyderabad Disaster Response And Assets Monitoring and
    Protection, Rep. by its commissioner Clo. Department Of Municipal
    Administration and Urban Development, SecretariatBuildings, Hyderabad. /
    Respondents

    Petition under Article 226 of the Constitution of India praying that in the
    circumstances stated in the affidavit filed therewith, the High Court may be pleased to
    pass an order, or orders, direction or directions, or issue a writ, more particularly in
    the nature of Writ o['Mandamus, directing the respondents that not to derrolish the
    residential houses of petitioners and evict them from their residential houses i.e.,
    Petitioner No.1 Door No.l-5-458/P1/1, Petitioner No.2 and 3 House No.1-5-458/Pl,
    Petitioner No.4 House No.1-5-4581P112, Petitioner No.5 House No.l-5-458/8/1,
    Petitioner Nos. 6 and 1 House No.1-5-3751119, situated at Phanigiri Colony,
    Maruthinagar, Chaintayapuri, Hyderabad, District Medchal, Malakajgiri without due
    process of law and consequently declare the action of the respondents in attempting to
    demolish the house of the petitioners and evicting from the said houses is illegal,
    arbitrary, violative of'Article 14, 2l and 300-A of Constitution of India; 7

    IA NO: I OF 2024

    Petition under Section 151 CPC praying that in the circumstances stated in the
    affidavit filed in support of the petition, the High Court may be pleased to direct the
    respondents not to demolish the residential houses of petitioners and evictthem from
    their residential houses i.e., Petitioner No.1 Door No.l-5-458lPl/1, Petitioner No.2
    and 3 House No.l-5-458/P1, Petitioner No.4 House No.1-5-458/Pll2, Petitioner No.5
    House No.l-5-4581811, Petitioner Nos. 6 and 7 House No.l-5-3751119, situated at
    Phanigiri Colony, Maruthinagar, Chaintayapuri, Hyderabad, District Medchal,
    Malakajgiri, Pending disposal of WP 27242 of 2024, on the file of the High Court. y

    The petition coming on for hearing, upon perusing the Petition and the affidavit
    filed in support thereof and upon hearing the arguments' of
    SRI S CHANDRASEKHAR Advocate for the Petitioners, Additional Advocate
    General for the Respondentg *d the Court made the following. e

    ORDER:

    At request of Sri T. Rajinikanth Reddy, learned Additional Advocate


    General, to file counters, Iist on 16.10.2024. /

    On instructions, learned Additional Advocate General would submit that


    the Government has already appointed a High Level Committee for
    beautification of Musi river and removal of encroachments, unauthorized
    of Musi. The District Collector is making
    constructions on the river bed
    markings with regard to FTL and Buffer zone of Musi river. The District
    Collector is also identifying the illegal structures within the Musi river and the
    High Level Committee will discuss/negotiate with the owners of the said
    structures and try to rehabilitate them. I
    As of now, there is no threat of demolition in respect of the subject
    property of the petitioner. The respondents will follow the due procedure laid
    down under law before taking action, if any, against the petitioner herein,
    including demolition of the petitioner's structures. t

    s?4_P" GCHTRE SHANKAR;


    ASSISTAIUT REGi##i,
    //TRUE COPYII

    0-
    SECTION OFFICER

    To,

    1. The Principal Secretary, Revenue Department, State of Telangana, Dr.


    B .R.Ambedkar ecretariat Building, Hyderbad.
    S
    2. The Principal Secretary, Department of Irrigation Development, State of
    Telangana, Dr. B.R.Ambedkar Secretariat Building, Hyderbad.
    3. The District Collector, Medchal Malkajgiri District.
    4. The Deputy Executive Engineer, I and CAD IB Sub Division Medchal
    Malkajgiri District.
    5. The Commissioner, GHMC Greater Hyderabad Muncipal Corporation, Lower
    Tank Bund, Hyderabad.
    6. The Commissioner, HMDA Hyderabad Metropolitan Development Authority,
    Swarna Jyanti Complex Sanjeevareddy Nagar, Srinivasa Nagar Ameerpet,
    Hvd erabad.
    7 The Commissioner C/o. Department Of Municipal Administration and Urban
    Development, HYDRAA Hyderabad Disaster Response And Assets
    Monitoring and Protection, Secretariat Buildings, Hyderabad. 7
    (l to 7 by RPAD)
    8. One CC to SRI. S CHANDRASEKHAR, Advocate [OPUC] /
    9. Two CCs to Additional Advocated General, High Court at Hyderabad. [OUT] /
    10. One spare copy
    HIGH COURT

    KL, J

    DATED:3010912024

    NOTE: LIST ON 16.10.2024.

    ORDER

    WP.No.27242 of 2024

    INTERIM DIRECTION ,1.


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