Mohammad Ankus v. The State Of Telangana

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.9723 of 2019 O R D E R:

Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development for the 1st respondent and Sri N. Praveen Kumar, learned Standing Counsel for the 2nd respondent.

2.

This writ petition is filed seeking to declare the action of the 2nd respondent in allowing the 3rd respondent for construction of function hall illegally, in the land admeasuring Ac.1.00 in Sy.No.264/A of Mancherial, without obtaining valid permission from the concerned authorities, as illegal and arbitrary.

3. The assertion of the petitioner is that the 3rd respondent is constructing a function hall without changing the nature of usage of land from agriculture to non-agriculture and without obtaining permission as mandated under Municipal laws. Except making a complaint on 11.02.2019 to the 2nd respondent, the petitioner has not made any effort to obtain information from the Municipal Corporation, by invoking the provisions of the Right to Information Act, 2005, as to whether any permission was granted in favour of the 3rd respondent for making such constructions.

4. In those circumstances, this Court is not inclined to entertain the writ petition. Hence, the Writ Petition is dismissed. However, on receipt of information, in the event the petitioner is satisfied that the

CKR, J W.P.No.9723 of 2019 construction made by the 3rd respondent is without permission, he is at liberty to invoke the jurisdiction of this Court. No order as to costs. 5.

Miscellaneous applications, if any pending in this writ petition, shall also stand closed.

________________________ CHALLA KODANDA RAM, J 30th April, 2019 sj