Smt. Niraja Sharma, v. Greater Hyderabad Municipal Corporation

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.603 OF 2015

O R D E R

This writ petition is filed for a writ of mandamus directing the respondents to receive the application for sanction to construct the compound wall enclosing plot Nos.120, 121 & 122, admeasuring 800 sq.yards or 669 sq.meters, in Sy.No.209, Ward No.4, Block No.11, of Information Colony, situate at Anmagal, Hayathnagar Rev. Mandal under L.B.Nagar Municipality, Ranga Reddy District. The case of the petitioner is that she is the owner and possessor of land bearing Plot Nos.120, 121 and 122, admeasuring 800 sq.yards or 669 sq.meters, in Sy.No.209, Ward No.4, Block No.11, of Information Colony, situated at Anmagal, Hayathnagar Rev. Mandal under L.B.Nagar Municipality, Ranga Reddy District, purchased from K.Annapurna under registered sale deed dated 02.08.1996.

She has mortgaged the said property by creating a charge with Bank of Baroda, Hyderabad, by depositing the original title deeds with it for the advances obtained. Thereafter, noticing that there are encroachments being made by one Mr.Mohd. Kaleem Khan, the petitioner filed O.S.No.2118/2014 and obtained status-quo order. Before filing the suit, the petitioner has approached the respondent Nos.2 and 3 by filing an application for permission to construct compound wall to protect the property by enclosing relevant documents along with requisite fee as per the rules. Since the same was not received by the respondents, the petitioner sent the entire set of documents through registered speed post and the same was received by the respondent Nos.2 and 3.

Instead of processing the same, the respondents have returned the entire original set without assigning any reason. Aggrieved by the same, the present writ petition is filed.

Heard the learned counsel for the petitioner. Learned Standing Counsel for respondent Nos.1 to 3 on instructions submits that if the petitioner makes an application in proper

format as per the rules, the same will be considered and processed. In view of the same, it is open for the petitioner to make an application in proper format for grant of permission for construction of the compound wall to the 3rd respondent and on such application being made, the 3rd respondent is directed to receive the same and pass appropriate orders within a period of four (4) weeks from the date of receiving the application from the petitioner in accordance with law. With the above direction, Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending if any, shall stand closed.

_________________________ A.RAJASHEKER REDDY,J Date: 23.01.2015 dv