Mohd. Mansoor All v. The Greater Hyderabad Municipal Corporation,

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY W.P. No. 11558 OF 2014 ORDER :

This writ petition is filed seeking writ of mandamus declaring the inaction of the respondents 1 to 3 against the illegal construction carried out by the 4th respondent without obtaining permission from the respondents 1 to 3 in the premises bearing H.No.9-4-135/A/34/2, Raghava Colony, Toli Chowki, Hyderabad as illegal and arbitrary. Heard learned Standing Counsel for the respondents 1 to 3 as well as learned counsel for the 4th respondent. There is no representation on behalf of the petitioner.

This Court passed orders dated 23.04.2014 stating that the 4th respondent shall not make any further constructions without first obtaining the building permission from the Greater Hyderabad Municipal Corporation.

The fourth respondent filed W.V.M.P.No.2258 of 2014 praying to vacate the interim directions made on 23.04.2014 stating that she made an application before the Greater Hyderabad Municipal Corporation for construction permission. However, the GHMC has not considered the same due to pendency of writ petition. This Court never passed any order stating that the application of the 4th respondent for construction permission should not be considered or processed.

However, interim order granted on 23.04.2014 can not be vacated since it is stated the 4th respondent shall not make construction without obtaining valid permission from GHMC and that the aforesaid interim order also will not preclude the respondent Corporation for considering the application of the 4th respondent for

construction permission as per law. If the 4th respondent files any application for making construction, it is for the respondent Corporation to consider the same and pass appropriate orders, in accordance with law.

Accordingly, the writ petition is disposed of directing the 4th respondent not to make any construction without obtaining valid permission from the respondent Corporation-GHMC. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any pending in this writ petition, shall stand closed. _________________________ A.RAJASHEKER REDDY, J 27.01.2015.

KVS HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY

W.P.No.11558 OF 2014 Date: 27-01-2015 KVS