Mohd. Ameer Ali v. The Greater Hyderabad Municipal Corporation

HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.12295 of 2019 ORDER:

The prayer of the petitioners in this case reads as under:- "... to issue a Writ of Mandamus or any other appropriate writ declaring that the action of the 1st respondent in not considering the objections of the petitioners contained in representation dated 28.05.2019 wherein the petitioners have objected to the building permission of the 2nd respondent for the land in Sy.No.189/AA of Kondapur Village, Serilingampally Mandal, Ranga Reddy District, as arbitrary and illegal and direct the 1st respondent not to grant any building permission to the 2nd respondent in respect of the land in Sy.No.189/AA of Kondapur village, Serilingampally Mandal, Ranga Reddy District."

As this Court does not propose to venture into the merits or render any adjudication thereon, it is not necessary to put respondent No.2 on notice or afford it an opportunity of hearing at this stage.

It is the claim of the petitioners that they submitted representation dated 28.5.2019 raising certain objections in relation to the building permission that may be granted to respondent No.2 in connection with the land in Survey No.189/AA of Kondapur Village, Serilingampally Village, Ranga Reddy District. Ms.

Pingali Lakshmi, learned counsel, representing Sri Sampath Prabhakar Reddy, learned standing counsel for GHMC, would inform this Court that they are yet to receive instructions as to whether the building permission application submitted by respondent No.2 is still pending consideration or whether it has already been acted upon.

In the event the building permission application of respondent No.2, if any, has not been acted upon and building permission has not been sanctioned, the Greater Hyderabad Municipal Corporation

SK, J WP.No.12295 of 2019 Dt:21.6.2019 shall consider the objections raised by the petitioners in the representation dated 28.5.2019, after giving due opportunity of hearing to both parties and take a decision in the matter. In the event any building permission is already sanctioned, it is for the petitioners to take recourse to separate remedies in accordance with law.

The Writ Petition is disposed of with the above observations. Pending Miscellaneous Petitions, if any, shall stand closed in the light of this final order. No order as to costs. ________________________ JUSTICE SANJAY KUMAR 21st June, 2019 Dr