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High Court for State of TelanganaWP/11943/2015dismissed

S. Rajender v. The State Of Telangana,

2015-04-28A.Rajasheker Reddy2 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.11943 OF 2015 O R D E R :

This petition is filed for a writ of Mandamus declaring the action of the respondents 1 to 4 in not initiating any action against the respondents 5 and 6 by considering the representations dated 06.08.2014, 26.08.2014 and 23.03.2015, as illegal and arbitrary.

The case of the petitioner is that he is the owner of premises bearing No.4-6-376 to 378, Isamiya Bazar, Kothi, Hyderabad and respondents 5 and 6 are the owners of property bearing premises No.4-6-379 to 382. While so, the respondents 5 and 6 demolished their old house and started making illegal construction. As such, the petitioner lodged complaints on 06.08.2014, 26.08.2014 and 23.03.2015 before respondents 2 to 4 to take action against respondents 5 and 6. But, since no action is being taken by the respondents till today, present writ petition is filed.

When the matter is listed today, Sri N.Ashok Kumar, learned Standing Counsel for respondents 2 to 4 submitted a report dated 21.04.2015 stating that basing on the complaint dated 23.03.2015 lodged by the petitioner, the subject site was inspected. It is also stated that respondents 5 and 6 have made construction in accordance with the approved plan by maintaining 1.50 metres front setback and the remaining sides setbacks are not required as per Rule-5, Table-III of G.O.Ms.No.168, MA dt.07.04.2012 since the plot area is less than 100 Sq.mtrs. In view of the same, no further directions need to be issued in the writ petition.

Accordingly, the writ petition is dismissed. No costs.

As a sequel thereto, miscellaneous petitions if any pending in the writ petition shall stand closed.

_____________________________ A.RAJASHEKER REDDY, J 28.04.2015 t k.