Mohd. Kaleem Ullah, v. The State Of Telangana,
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH Between:
Mohd. Kaleem Ullah, S/o. Late Mohd. Zia Ullah, Aged about 66 years, Occ: Retired Government Employee, R/o. H.No.16-6-164/3, Osmanpura, Chaderghat, Hyderabad.
.. Petitioner AND The State of Telangana, Rep. by its Secretary, Municipal Department, Government of Telangana, Secretariat, Hyderabad & 6 others .. Respondents DATE OF JUDGMENT PRONOUNCED: 24.07.2015 SUBMITTED FOR APPROVAL:
THE HON'BLE SRI JUSTICE P.NAVEEN RAO Whether Reporters of Local newspapers may be allowed to see the Judgments?
Yes/No Whether the copies of judgment may be marked to Law Reports/Journals Yes/No Whether His Lordship wish to see the fair copy of the Judgment?
Yes/No
HON'BLE SRI JUSTICE P.NAVEEN RAO ORDER:
This writ petition is filed questioning the action of respondents 2 to 4 in not taking any action on the representation/complaint dated 10.06.2015 filed by the petitioner against the illegal and unauthorized constructions undertaken by the respondents 6 and 7 in respect of property bearing Municipal House No.16-6-165, Osmanpura, Chaderghat, Hyderabad, as illegal, arbitrary, unconstitutional and consequential direction to remove the illegal and unauthorized constructions undertaken by respondents 6 and 7.
2. Heard the learned counsel for petitioner and the learned Standing Counsel for the Greater Hyderabad Municipal Corporation and with their consent, the writ petition is taken up for disposal at the stage of admission.
3. Petitioner claims to be owner and possessor of the property bearing Municipal House No.16-6-164/3, Osmanpura, Chaderghat, Hyderabad. The 6th respondent is the father of the 7th respondent and they are owners and possessors of their property bearing Municipal House No.16-6-165, Osmanpura, Chaderghat, Hyderabad.
The petitioner is the neighbour of respondents 6 and 7. Respondents 6 and 7 started construction work of ground, first floor and pent house in their property without
having any proper sanctions and permissions and without observing the rules and regulations provided under the law. The unauthorized and illegal construction work by respondents 6 and 7 by opening the windows towards the petitioner's premises is obstructing the air, light, ventilation and also affecting his privacy and peaceful possession and enjoyment. The petitioner made a complaint on 10.06.2015 to respondents 2 to 4, but so far, no action is taken. Hence, this writ petition.
4. When the matter is taken up, both the learned counsel agreed for disposal of the writ petition with a direction to respondents 2 to 4 to expeditiously dispose of the complaint of the petitioner, dated 10.06.2015.
5. Having regard to the same, without expressing any opinion on the merits of the matter, the Writ Petition is disposed of directing the respondents 2 to 4 to consider the complaint of the petitioner, dated 10.06.2015, and after affording reasonable opportunity to respondents 6 and 7, pass appropriate orders, as warranted under law, within a period of four (4) weeks from the date of receipt of a copy of this order and communicate the decision to the parties. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
_________________ P.NAVEEN RAO, J Date: 24th July, 2015 KL HON'BLE SRI JUSTICE P.NAVEEN RAO
Date: 24th July, 2015 KL