High CourtsSingle Bench(2022) 05 TEL CK 0017

T.Geetha Sree vs Greater Hyderabad Municipal Corporation

Telangana High Court · Decided on 26 May 2022

HON’BLE JUDGES
P. MADHAVI DEVI, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 24031 Of 2022

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Judgment

8 paragraphs · 479 words
1.

This writ petition is filed seeking a Writ of Mandamus declaring the action of respondent Nos.1 and 2 in causing demolition of the shop in premises bearing No.13-6-438/2/9, Jaffarguda, Gudimalkapur, Hyderabad, in which the petitioner is running a licensed Wine Shop, in the name of Sri Vaishnavi Wines, on 16.05.2022 without issuing any notice to the petitioner and without following the due process of law, as arbitrary and illegal.

2.

Heard Sri Vedula Srinivas, learned Senior Counsel, representing Ms. G. Poornasri, learned counsel for the petitioner, as well as Sri N. Ashok Kumar, learned Standing Counsel for respondent Nos.1 and 2. Perused the material available on record.

3.

Learned Senior Counsel for the petitioner submits that the petitioner is occupier of the premises bearing No.13-6-438/2/9, Jaffarguda, Gudimalkapur, Hyderabad, having obtained the same on lease under Rental Deed dated 18.12.2021 and is running a Wine Shop in the name of Sri Vaishnavi Wines after obtaining necessary licence from the authorities concerned. The learned Senior Counsel further submits that the respondents have demolished the building in which the petitioner is running the Wine Shop without issuing any notice to the petitioner and that the petitioner is continuing to run the Wine Shop in the remaining portion of the building and he seeks a direction to the respondents not to take any further coercive steps against the petitioner’s Wine Shop without issuing any notice to him.

4.

The learned Standing Counsel for respondent Nos.1 and 2 submits that the entire building where the petitioner is running the Wine Shop has been demolished pursuant to the directions of this Court in W.P.No.31764 of 2021, dated 12.04.2022.

5.

Learned Senior Counsel for the petitioner submits that the subject premises is a tin roofed shed with supporting walls where the petitioner is running a Wine Shop and that the said shop was in existence from a long period, and that he is apprehending further coercive action against the said premises by the respondents. He also submits that the respondents are preventing the petitioner from carrying on the business of running Wine Shop under valid licence in the said premises. Therefore, he seeks a direction from this Hon’ble Court to the respondents not to take any coercive steps against the subject premises without issuing any notice to the petitioner.

6.

A perusal of the material available on record shows that action has been taken by the respondents pursuant to the directions of this Court in W.P.No.31764 of 2021, dated 12.04.2022 and the petitioner, being a tenant and occupier of the subject premises, was already represented through the owner of the subject premises in W.P.No.31764 of 2021. Therefore, no further direction can be given in this writ petition without there being any change in facts.

7.

Accordingly, this writ petition is dismissed. No order as to costs.

8.

Miscellaneous applications pending, if any, shall stand closed.