Kadak House v. The State Of Telangana, Represented By Its Principal

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.6615 of 2017 ORDER:

This writ petition is filed seeking a writ of mandamus declaring the action of the respondents to in issuing notice No.686/GHMC/TPC/CX/2016, dated 24.1.2017 under Section 636 of Greater Hyderabad Municipal Corporation Act, 1955 in respect of premises bearing plot No.8B, Sy.No.1, Road No.12, Ground floor, Dev Dhanuka Prestige, Banjara Hills, Hyderabad at the behest of respondent No.4, who is the owner and lessor of the same as illegal and arbitrary and consequently, direct the respondent to desist themselves from such arm twisting tactics against the petitioner at the instance of respondent No.4.

Heard and perused the material available on record. The petitioner is the tenant of respondent No.4. His main grievance is that in the impugned notice issued by respondents 2 & 3 it is stated that unauthorised constructions are being carried on by the petitioner herein. But, according to the petitioner, he is only a tenant and the impugned notice ought to have been issued to the owner of the premises i.e. the respondent No.4 herein. Today, when the matter is taken up for hearing, the learned counsel representing the owner of the premises-respondent No.4 herein informed that the respondent No.4 is aware of the impugned notice and fairly conceded that the said alleged construction is in deviation of the permission granted by respondents 2 and 3 and

hence, the respondent No.4 has no grievance if the respondentauthorities proceed as per the impugned notice. Recording the above submission of learned counsel for the respondent No.4, the writ petition is disposed of permitting the respondents 2 & 3 to proceed in accordance with law pursuant to the impugned notice issued under Section 636 of Greater Hyderabad Municipal Corporation Act, 1955. No costs.

Pending Miscellaneous Petitions, if any, shall stand closed. _________________ RAJA ELANGO,J 28.06.2017 Tsr