Mr. Mohammed Mohiuddin Mustafa v. The State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.18509 OF 2017 ORDER:

This writ petition is filed seeking to issue a writ of mandamus to declare the action of the respondents in not considering the petitioner's representation, dated 25.04.2017, and not objecting the illegal and unauthorized construction in the land admeasuring 18 guntas in Sy.No.37, Mandannapet village, Saidabad, Hyderabad, which is the subject matter of O.S. No.319 of 2015 on the file of X Additional Chief Judge, as illegal and arbitrary.

Heard and perused the material available on record. It is the case of the petitioner that he along with his two brothers possessed the above said property and they succeeded the same through a gift/ hiba executed by their father. The said property is an open plot. While so, the respondents 6 and 7 have encroached the said plot and approached the 3rd respondent for sanction of house building permission with fabricated documents. The petitioner also approached the Civil Court against the illegal purchasers. While, so, the respondents 6 and 7 have started construction in the said plot illegally, without getting any sanction plan. Therefore, the petitioner filed representation, dated 25.04.2017, to the 3rd respondent, but no action has been taken so far. Hence, this writ petition.

Learned counsel for the petitioner mainly contended that though the petitioner submitted representation on 25.04.2017, the authorities concerned have not taken any action so far and that the authority concerned may be directed to consider the representation of the petitioner and pass appropriate orders within a specific period of time.

Considering the circumstances of the case and the grievance of the petitioner, without expressing any opinion on merits, this Court is of the view that the writ petition can be disposed of with a direction to the 3rd respondent to pass appropriate orders on the representation made by the petitioner.

Accordingly, the Writ Petition is disposed of directing the 3rd respondent to consider representation, dated 25.04.2017, made by the petitioner, and pass appropriate orders within a period of eight (8) weeks from the date of receipt of a copy of this order. No order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed.

______________ RAJA ELANGO, J June 27, 2017 KTL