Rekha Nageshwar, Medak District And 3 Others v. The Commissioner ,Municipal Council, Siddipet, And Another
[ 3166 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE T.VINOD KUMAR WRIT PETITION NO: 22474 OF 2009 Between:
1. Rekha Nageshwar, S/o.Rekha Mallesham Business Rl/o.H.No.9-338/1,Mohinpura, Siddipet District Medak
2. Rekha Sangeetha Laxmi, W/o.Rekha Nageshwar Housewife R/o.H.No.9-338/1 Mohinpura, Siddipet, Medak District
3. Rekha Sridhar, S/o.Rekha Mallesham Housewife Fl/o.H. No.5-1-40 Geetha Bhavan Road, Siddipet, District Medak
4. Rekha Sreelaxmi, W/o.Rekha Sridhar Housewife Rl/o.H.No.5-'1-40, Geetha Bhavan Road Siddipet, District Medak ...PETITIONERS AND The Commissioner, Municipal Council, Siddipet, District tVledak The Director of Town and Country Planning, Government of AP., having ofice at 640, A.C.Guards, Hyderabad ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order direction or writ more particularly one in the nature of writ of mandamus declaring the action of the respondents in imposing and /or levying 14o/o open space charges of Rs.9,43,155-00 as per G.O.Ms.No.902 M.A., dated 31.12.20;07 in Condition No.'1 '1 of the proceedings bearing Lr.no.G1/3950/2008-09 dated 11.4.
2009 issued by the 1st respondent as a condition precedent for the release of sanction plan for construction of residential apartment i.e. Stilt+s floors in respect of our owned possessed and existing house property admeasuring 2357 sq.
"7 power and competency of the Respondents unreasonable unjust, opposed to the principles of natural justice and consequently declare that we are not liable to pay 14Yo Open Space charges in terms of G.O.ms.No.902 dated 31.12.2007 as imposed by the respondents and holding that the said G.O. is inapplicable to the subject property.
l.A. NO: 1 OF 2009(WPMP. NO: 29193 OF 2009) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to release the sanction plan for constructron of stilt+ 5 floors residential apartment in existing premises bearing No.12-3-'191lA, corresponding to Old No.10-4-84, situated at Medak Road, Siddipet Town, Siddipet, District Medak without insisting the amount of Rs.9,43,155-00 imposed in condition No.1'1 of the said impugned Notice bearing Lr. No.G'1/3950/2008-09 dated 1 1.4.2009 issued by the 1st respondent as open space charges. Counsel for the Petitioners : SRI G.ANANDAM Counsel for the Respondent No.1 : SRI S.S.NAGESWARAREDDY Counsel for the Respondent No.2 : GP FOR MUNCIPAL ADMN & URBAN DEV The Court made the following: ORDER
THE HON'BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No. 22474 of 2OO9 ORDER:
Sri G.Akul Reddy, learned counsel representing Sri G.Anandam, learned counsel for the petitioners submits that the cause in the Writ Petition does not survive for consideration by this Court and thus, the Writ Petition has become infructuous.
2.
Recording the said submission, the Writ Petition is dismissed as infructuous. No or-der as to costs. 3.
Consequently, miscellaneous petitions pending, if any, shall stand closed.
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ORDER
WP.No.22474 of 2009 DISMISSING THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS tcr((6N #tu