D. Chakraiah, v. The Government Of Telangana,

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEIVBER TWO THOUSAND AND TWENTY ONE PRESENT THE HON,BLE DT. JUSTICE SHAMEEM AKTHER WRIT PETITION NO.17366 oF 2014 Between:

D. Chakraiah, S/o. lale D. Ra APSRTC, R/o. C-3,381, HUD ghavaiah, aged about 58 years, Occ: Emolovee in A Cotony, Chandanagar, Hyderibad-soo dsb' - - ,..PETITIONER AND y its Prl.

1. The Government of Telangana, rep. b Secretary, Municipal mi stration, Telangana Secretariat, Hyde rabad.

2. The Greater Hvderabad l\rrunicipar corporation, rep. by its commissioner, Head Office, Tank BJnd Road, nyOer5OiO.- -- -"- '

3. The Zonal commissioner, seriringampaily Municiparity, at Seriringampaily, R.R. District.

4. The. Deputy .Commissioner, GHIVC. Serilinoampally Zone. Circle No. 12, at Serilingampally, R.R. District.

5. D. Rama Krishna, S/o. late D Raghavaiah, aged about 60_years, Occ: employed in BHEL, R/o. C-3/part, 381," HUDA C5rony, R.i.Fi,;r",',.'-C.-r,-i,iiuiusr,., Hyderabad.

,..RESPONDENTS Petition under Articre 226 of rhe constitution of rndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the 3rd respondent in taking action on the petitioner's representation dated '1g.06.2014 as illegal, arbitrary and unjust and consequently direct the Respondents 1 to 4 herein to inspect the illegal construction made by the sth respondent at premises bearing H.No. c-3, 3g1, HUDA corony, chandanagar, Hyderabad-SO0 050, verify whether the sth respondent had obtained any permission at all for the construction of the house and lf it is found that it is an out and out illegal construction without any sanctioned plan, the respondent Nos. 1 lo 4 may be directed to demolish the same forthwith. WPMP. NO: 21 7420F 2014 Petition under section 1s1 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 3rd respondent lerein to submit the action taken report on the petitioner,s representation dt.18.0 ).2014 pending disposar of the above writ petition. V Gounsel for the Petiti, rner: SRI S. SHARAT KUMAR counsel for the Respr,ndent No.1: Gp FoR MUNtclpAL ADMtNtSTRAT|ON AND URBAN DEVELOPMENT counsel for the Respr,ndent Nos. 2 to 4: sRl sAMPATH PRABHAKAR REDDy, S.C. FOR GHMC Counsel for the Resp< ndent No.5: SRI T. KISHTAIAH The Court made the fc llowing: ORDER

THE HON'BLE DT. JUSTICE SHAMEEM AKTHER WRIT PETITION No,17366 OF 2014

ORDER

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, wherein the following prayer is made: "...to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the 3'd respondent in taking action on the petitioner's representation dated 18.06.2014 as illegal, arbitrary and unjust and consequently direct the respondent Nos.1 to 4 herein to inspect the illegal construction made by the 5th respondent at premises bearing H.No.C-3, 381, HUDA Colony, Chandanagar, Hyderabad-S00 050, verify whether the 5th respondent had obtained any permission at all for the construction of tlre house and if it is found that it is an out and out illegal construction without any sanctioned plan, the respondent Nos.1 to 4 may be directed to demolish the same fo rth r i ith. "

2.

Heard the learned counsel for the petitioner, learned Government Pleader for Municipal Administration appearing for respondent No.1, Standing Counsel for GHMC appearing for the respondent Nos,2 to 4, learned counsel for respondent No.5 and perused the record.

3.

The grievance of the petitioner is that he made a representation dated 18.06.2014 to the respondent No.3 to inspect and demolish the illegal construction made by respondent No.5 at premises bearing H.No.C-3, 3Bl, HUDA colony, chandanagar, Hyderabad, but no action has been taken yet by respondent No.3 on the said representation and ultimately prayed to allow the writ petition as prayed for.

4.

There is n: denial by the learned Standing Counsel for GHMC with regard to tire submission of representation dated 18.06.2014 by the petitioner. The said representation needs to be examined. Admittedly, no a:tion has been taken on the said representation. 5.

Under these circumstances, respondent No.3 is directed to dispose of the r:presentation dated 18.06.2014 of the petitioner, in accordance with law, after affording opportunlty to the respondent No.5 to putfortl his case. The whole exercise shall be completed within three (3) months from the date of receipt of a copy of this order.

6.

With the a )ove direction, this Writ Petition is disposed oF. Miscellane rus Petitions, if any, pending in this Writ petition shall stand close l. There shall be no order as to costs. SD/.K.AMMAJI ASSISTANT REGISTRAR \----'

//TRUE COPY// SECTION OFFICER To,

1. The Prl. Secre ary, Municipal Administration, Government of Telangana, Telangana Secre ariat, HYderabad.

2. The commissior er, Greater Hyderabad N/uniclpal corporatiorr, Head office, Tank Bund Road Hyderabad.

3. The Zonal comr rissioner, serilingampally Municipality, at Serilingampally, R.R. District.

4. The Deputy Cor rmissioner, GHMC, Serilingampally Zone, Circle No' '12' at Serilingampally, I l.R. District.

5. One CC to SRI S SHARAT KUMAR, Advocate [OPUC]

6. Two CCs to GP t rr Municipal Administration and Urban Development, High court for the State of T rlangana at Hyderabad. [OUT]

7. One CC to SRI S AMPATH PRABHAKAR REDDY, S'C' for GHMC [OPUC]

8. One CC to SRI I KISHTAIAH, Advocate [OPUC]

9. Two CD Copies.

MP SBt 10.One Spare CoPY

HIGH COURT DATED:31 l12lt'021 Iq ,c:] A1 7.

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ORDER

WP.No.17366 of 2014 DISPOSING O: THE WRIT PETITION WITHOUT COIiTS.

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