Roopchand Chowdary, v. The State Of Telangana, Rep. By Its Principle Secretary,
THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.14015 of 2016 ORDER:
Heard Sri A.P. Suresh, learned counsel for the petitioners, and Sri Sampath Prabhakar Reddy, learned Standing Counsel for the Greater Hyderabad Municipal Corporation.
The prayer of the petitioners in this case is as under: "For the reasons stated in the accompanying Affidavit, it is prayed that this Hon'ble Court may be pleased to issue a Writ order or direction, especially in the nature of Writ of Mandamus directing the Respondents 2 to 5 to act upon the Complaint dated 22-03-2016 and Representation dt. 12-04-2016 by taking appropriate legal action on the illegal construction being undertaken by 18th & 19th Respondent over property admeasuring Ac. 8-33 guntas bearing Municipal No.6-23 [8-1-298] [Old G-1-298], comprised in Sy.No.7 & 8, situated New Moinbagh, Serilingampally Mandal, Ranga Reddy and consequently direct the 2nd Respondent to remove the illegal construction being undertaken by the 15th & 16th Respondents by demolishing the same and pass such other order or orders as are deemed fit and proper under the circumstances of the case."
It appears that the petitioners made complaints dated 22.03.2016 and 12.04.2016 to the authorities of the Greater Hyderabad Municipal Corporation and the same are pending consideration. In the light of the order proposed to be passed by this Court, there is no necessity to put the unofficial respondents on notice as this Court is not venturing to adjudicate any issue on merits. As the complaints dated 22.03.2016 and 12.04.2016 made by the petitioners are yet to be acted upon, it is for the authority concerned to apply its mind to the said complaints and take action thereon, if warranted, in accordance with the due procedure. In this exercise, the
authority would necessarily have to give an opportunity of hearing to all the parties who would be affected by any decision taken upon the petitioners' complaints. Adhering to this procedure, the authority concerned shall duly consider the petitioners' complaints dated 22.03.2016 and 12.04.2016 and take appropriate action in the matter, if warranted, in accordance with law. This exercise shall be completed expeditiously and in any event, not later than four weeks from the date of receipt of a copy of this order.
The writ petition is disposed of with the above directions. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.
____________________ JUSTICE SANJAY KUMAR 25th April, 2016 IBL