Mohd. Farooq Ahmed v. The State Of Telangana, Represented By Its Principal Secreta

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.18671 OF 2017 ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India seeking to declare the action of respondent No.2 in not taking any action against the illegal constructions made by respondent Nos.3 to 7 in premises Nos.H.No.4-3-62, H.No.4-5-29/5, H.No.4-3-6 & 4-3-6/1, H.No.3-1-227/1/E and H.No.3-1-227/1F/4/1 situated at Gunj Road, Bhuktapur, Adilabad even though respondent No.2 issued notices on 25.8.2015, 17.3.2016, 13.12.2016 and 16.12.2016 and even though the petitioners submitted a representation on 20.04.2017 as illegal and arbitrary and consequently, direct respondent No.2 to take necessary action against the illegal constructions made by respondent Nos.3 to 7 in the said premises basing on the notices issued by respondent No.2 and considering the representation submitted by the petitioners on 20.04.2017.

2.

Heard and perused the material available on record. 3.

Always respondent No.2 Municipality is duty bound to prevent any illegal constructions or deviations made after obtaining permission from the municipality for construction. When the public make representations informing about the illegal constructions or any deviations in the constructions, respondent No.2 has to necessarily take action if they are found to be true and correct. Learned Standing Counsel appearing for respondent No.2 also submitted that if there is no legal impediment, respondent No.2 will consider the representation of the petitioners

and proceed to stop the illegal constructions of respondent Nos.3 to 7.

4.

Recording the submission of the learned Standing Counsel, respondent No.2 is directed to consider the representation, dated 20.04.2017, of the petitioners and take appropriate action in accordance with law.

5.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

6.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO Date : 12.06.2017 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.18671 OF 2017 Date: 12.06.2017 AMD