Ramakrishna Nagar Colony Welfare Society v. State Of Telangana, And 3 Others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY ONE PRESENT THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY WRIT PETITION NO: 1901 OF 2021 Between:

Ramakrishna Nagar Colony Welfare Society, Rep. by its President, T. Arun Kumar, Rlo 2-2-185140/E71 , Ramakrishna Nagar, Bagh Amberpert, Hyderabad -500 013. ...PETITIONER AND State of Telangana, Rep. by Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Hyderabad. Greater Hydeiabad lVunicipal Corporation, Rep. by its Commissioner, Tankbund, Hyderabad.

26nal Commissioner, Greater Hyderabad t\/unicipal Corporation, Circle - XVl, Secunderabad.

lMoin Cheruvu Graveyard Committee, Rep. by its President, Office situated at Bagh Amberpet Grave Yard, Bagh Amberpet, Hyderabad. ...RES'ONDENTS 1.

2.

3.

4.

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction particularly in the nature of writ of Mandamus declaring the action of the part of the respondents in not closing the second gate situated on the southern side of the tVoin Cheruvu graveyard as also not prohibiting carrying the dead bodies through the colony street on both sides of which buildings of the colony residents are situated.

lA NO: 1 OF 2021 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 to consider the representations of the Petitioner Society dated 06/01/2019, 14to5l2o1g, o9to1l202o, 2110712020 and 0410812020 and take appropriate action during the pendency of the above writ petition. Counsel for the Petitioner: SRl. MAHADEV ANYARAMBHATLA Counsel for the Respondent No.1 :

GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3: SRI PASHAM KRISHNA REDDY' SC FOR GHMC Counsel for the Respondent No.4: NONE APPEARED The Court made the following: ORDER

THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETITION No. L9Ol of 2O2L ORDER:

Heard the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration and Urban Development for respondent No.l, and learned Standing Counsel for responderrt Nos.2 and 3. With their consent, the Writ petition is disposed of at the stage of admission.

This writ petition is filed questioning the inaction of the respondents in closing the second gate situated on the southern side of the Moin Cheruvu graveyard, as illegal and arbitrary. Learned counsel for the petitioner has stated that in spite ol making a representation to respondent No.3 on 14.0S.201g ventilating the grievance oi the petitioner and other residents of the locality, no orders are passed thereon and no action is being taken till date Learned Standing Counsel, on instructions, has stated that due to various administrative exigencies and the prevalent pandemic situation, the representation submitted by the petitioner could not be disposed of and seeks to grant some time for doing so.

In view of the above submissions, the Writ petition is disposed of directing the 3rd respondent-Zonal Commissioner, GHMC, Circle-XVI, Secunderabad, to dispose of the representation submitted by the petitioner on 14.05.2019 and pass necessary orders thereon, strictly in accordance with law, as expeditiously as possible, preferably within a period of lour weeks from the date of receipt of a copy of this order.

respondent No.3 before passing any orders shall put the petitioner as well as any other interested party on notice and afford them an opportunity of hearing. A copy of the order passed by the respondent No.3 will be communicated to the parties. The miscellaneous pctitions pending, if any, shall stand closed. There shall be no order as to costs.

SD/-K.AMMAJI ASSISTANT REGIST R ,TRUE COPY'

SECTION FFICER To,

1. The Zonal Commissioner, Greater Hyderabad l\,4unicipal Corporation, Circle - XVl, Secunderabad.

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'Ond Cc to sti Mahadev Anyarambhatla, Advocate IOPUCI 5, i;; ccr t" -cp to'. rvrJni"ip| norinGiidtion and. Urban Ddvelopment' High - Courffor the State of Telarigana at Hyderabad [OUTI a o^" Cc to 'sri Pasham Kriihna Redr]y, SC FOR GHIVC [OPUC]

5. Two CD CoPies cHR x,,

HIGH COURT DATED:2910112021 1i1E S I,: ;t 0I rrs 2021 f o

ORDER

+r) * P4TC!t W.P.No.1901 of 2021 DISPOSING OF THE WRIT PETITION WITHOUT COSTS t /.