N. Srinulal v. The State Of Telangana, Rep. By Its Principal Secretary,

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 14921 OF 2017 O R D E R :

The Writ Petition is filed challenging the action of the respondent authorities in not considering the representation dated 27.03.2017 made by the petitioner.

The case of the petitioner is that his father Sri Bansilal is the absolute owner and possessor of the house property bearing No. 12-14-407 situated at Lalapet, Secunderabad. While so, the 4th respondent has been making constructions in the said property. The petitioner therefore, made a representation to the 2nd respondent on 27.03.2017, but no action has been taken thereon. Heard learned counsel for the petitioner and Sri Chatla Madhu, learned Standing Counsel for Greater Hyderabad Municipal Corporation.

While the petitioner is claiming right over the house property bearing No. 12-14-407, Lalapet, Secunderabad, the averments in the affidavit filed in support of the Writ Petition disclose that the 4th respondent has been making constructions therein. The pleadings in the writ affidavit are vague and except stating that the petitioner's father is in possession and enjoyment of the subject property, there is no other material placed before this Court. The petitioner seeks a writ of mandamus to consider the representation dated 27.03.2017 to stop the constructions that are being made by the 4th respondent in the property of the petitioner. In other words, the relief sought for by the petitioner is more in the nature of a mandatory injunction against a particular individual.

The omnibus reliefs of this nature cannot be granted in the Writ Petition. In those circumstances, the Writ Petition does not deserve any consideration and accordingly the same is dismissed leaving it open to the petitioner to approach the authority concerned under the Right to Information Act, 2005 and obtain the information as to whether the 4th respondent has been granted any permission to make constructions in the subject property, if so, on what basis. No costs.

Consequently, the miscellaneous Applications, if any shall also stand disposed of.

____________________________ CHALLA KODANDA RAM,J 25th April 2017 ksld