Anil Kumar Pandiya v. The State Of Telangana Thru Its Principal Secretary

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.13083 of 2016 ORDER:

Heard Sri B. Vijaysen Reddy, learned counsel for the petitioner, and Sri N. Ashok Kumar, learned Standing Counsel for the Greater Hyderabad Municipal Corporation (GHMC).

The prayer of the petitioner in this case is as under: "To issue a writ or order/s more particularly one in the nature of Writ of Mandamus directing the respondents no. 2 and 3 to take action against the respondents no. 4 and 5 for raising unauthorised structures in premises bearing municipal no. 15-1652, 15-1-653, 15-1-655 and 15-1-656 admeasuring 1275 square yards situated at Feelkhana, Hyderabad; and be pleased to pass such other order/s as this Hon'ble Court may deem fit and proper in the circumstances of the case." It appears that the petitioner made representation dated 06.04.2016 to the Commissioner, GHMC, the second respondent, and the same is 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 representation dated 06.04.2016 made by the petitioner is yet to be acted upon, it is for the authority concerned to apply its mind to the said representation 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 petitioner's representation. Adhering to this procedure, the second respondent shall duly consider the petitioner's representation dated 06.04.2016 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 20.04.2016 GJ