M/S Alm Associates, v. The State Of Telangana,

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 17715 of 2016 ORDER:

Heard learned counsel for the petitioners, Government Pleader for Municipal Administration and Urban Development and Sri Pasham Krishna Reddy, learned Standing Counsel for G.H.M.C.

There is no necessity to put the unofficial respondent on notice as this Court is not venturing to adjudicate the issue on merits.

The present writ petition came to be filed seeking issuance of writ of mandamus declaring the action of the official respondents in not taking any action on the representation dated 19.05.2016 against the fourth respondent and his construction in H.No.MIG 12/A, Mpl.No.17-1-A/12, Santosh Nagar, Hyderabad, as illegal, arbitrary and violation of GHMS Rules and Regulations; and consequently direct the official respondents to consider the representation dated 19.05.2016.

Learned counsel for the petitioner submits that on 19.05.2016 the petitioner made a representation to the respondent authorities claiming himself to be the absolute owner and possessor of the entire premises bearing No.12/A, MCH No. 171-A/12, admeasuring 538 square yards situated at Santosh Nagar, Hyderabad. After purchasing the said property, he has obtained the sanction plan vide permit No.79/99 of 2004 and constructed a building thereon ground plus two floors keeping exclusive terrace rights with the petitioner. It is stated that the

fourth respondent, who is the partner of the petitioner is trying to raise construction over the existing building contrary to the permission granted.

Having regard to the facts and circumstances of the case and without going into the merits, the writ petition is disposed of directing the respondent authorities shall consider the representation dated 19.05.2016 made by the petitioner questioning the action of the fourth respondent in raising construction contrary to the permission granted by the authorities, as early as possible. No order as to costs. Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

_________________________ JUSTICE C. PRAVEEN KUMAR 07.06.2016 gkv