HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.20612 of 2006 DATED: 23.04.2014 Between:
Mohd. Abdul Mannan Shareef ... Petitioner And The Municipal Corporation of Hyderabad Rep. by its Commission, Hyderabad & others … Respondents The Court made the following:
HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.20612 of 2006 ORDER:
Heard the learned counsel for the petitioner and the learned standing counsel for respondents 1 and 2.
2. The petitioner is a tenant of two mulgies bearing Nos.21-1- 1038 and 1039 in an extent of 58 sft. each, wherein the petitioner was conducting business of selling military and police uniforms and other articles and the property where mulgies are situated belongs to Allauddin Charities and Zakath Wakf. The petitioner stated to be the tenant for the last 51 years. While so, the 1st respondent officials demolished the two mulgies by evicting the petitioner forcibly from the said two shops on 29.08.2006 under the guise of evicting the encroachments on pavement. In those circumstances, the present writ petition was filed.
3. Respondents 1 and 2 filed counter-affidavit stating that they removed all the foot path encroachments from Madina circle to Muslim Jung Bridge and also Madina circle to Charminar on 29.08.2006. They denied the allegation that the petitioner was forcibly evicted from the shops. The respondent authorities removed foot path encroachments by virtue of powers vested in the first respondent under Section 405 of GHMC Act, as the encroachments were causing great inconvenience to the walkers. Further, the action was taken pursuant to the directions of a Division Bench of this Court to clear all foot path encroachments in twin cities. They further stated that the petitioner has no right to carry on business on the foot path and as such, the petitioner is not entitled to seek any relief.
4. The petitioner filed certain rent receipts showing the payment of rents from 1967 onwards. The case of the petitioner is that the property where the petitioner is doing business belongs to Allauddin Charities and Zakath Wakf and it is not situated on any government land. The petitioner has been paying sales tax and also taxes to the Municipal Corporation of Hyderabad. But the counter-affidavit filed by respondents 1 and 2 indicate that they have taken action only to remove the encroachments on the foot path and they denied the allegation that the petitioner was forcibly evicted from the shops. There is no evidence to show that the petitioner was forcibly evicted from the shops except the averment made in the affidavit filed in support of the writ petition. The petitioner has no right to occupy the foot path meant for public.
5. In the circumstances, the respondents are directed not to interfere with the lawful business activity of the petitioner in the premises bearing Nos.21-1-1038 & 1039, Madina Circle, Hyderabad, except in accordance with law and the petitioner is also restrained from encroaching upon the foot path before the shops.
6. With the above observation, the writ petition is disposed of. Pending miscellaneous petitions in this writ petition, if any, shall stand dismissed in consequence. No order as to costs.
A. RAMALINGESWARA RAO, J
Date: 23.04.2014 BSS HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO 2 WRIT PETITION No.20612 of 2006 Date: 23.04.2014 BSS