Laxman Sena Bojja v. The Greater Hyderabad Municipal Corporation

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2902 of 2016 Date:01.02.2016 Between:

Laxman Sena Bojja, S/o Vijaya Sena Bojja and two others.

..... Petitioners And:

The Greater Hyderabad Municipal Corporation, reptd by its Commissioner and two others.

.....Respondents Counsel for the Petitioners: Mr. K.Govind Counsel for Respondent Nos.1 & 2: Mr. P.Kesava Rao The Court made the following:

ORDER:

This Writ Petition is filed for a Mandamus to declare the inaction of respondent Nos.1 and 2 in considering the petitioners'

representation, dated 19.12.2015, against the alleged illegal constructions being carried on by respondent No.3.

At the hearing, Mr. K.Govind, learned counsel for the petitioners, submitted that the plot over which respondent No.3 is constructing a building, consisting of five floors and pent house, is abutting 18 feet wide road and that, as per the extant Building Regulations, a multi-

storied building of that nature is not permissible. Mr. P.Kesava Rao, learned Standing Counsel for the Greater Hyderabad Municipal Corporation, appearing for respondent Nos.1 and 2, submitted that the petitioners' representation is under consideration and that respondent Nos.1 and 2 will take appropriate steps on the said representation after holding necessary enquiry. In the light of the above submissions of the learned Standing Counsel, the Writ Petition is disposed of with the direction to respondent Nos.1 and 2 to consider the petitioners' representation, take an appropriate decision in accordance with law and communicate the same to the petitioners and respondent No.3. He shall complete this exercise within one month from the date of receipt of a copy of this order. It is needless to observe that if any decision adverse to the interests of respondent No.3 is proposed to be taken, he shall be put to notice and given a sufficient opportunity to put forth his case. As a sequel to disposal of the Writ Petition, W.P.M.P.No.3640 of 2016 shall stand disposed of as infructuous.

____________________________ JUSTICE C.V.NAGARJUNA REDDY 01st February, 2016 DR