Lakhan Singh v. The State Of Telangana,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH Between:

Lakhan Singh, S/o. Late Balaji Singh, Aged about 66 years, Occ: Business, R/o. H.No.12-1-345/2, Asifnagar, Hyderabad & 4 others .. Petitioners AND Government of Telangana, Rep. by its Principal Secretary, Municipal Administration & Urban Development, Secretariat, Hyderabad & 3 others .. Respondents DATE OF JUDGMENT PRONOUNCED: 24.07.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE P.NAVEEN RAO Whether Reporters of Local newspapers may be allowed to see the Judgments?

Yes/No Whether the copies of judgment may be marked to Law Reports/Journals Yes/No Whether His Lordship wish to see the fair copy of the Judgment?

Yes/No

HON'BLE SRI JUSTICE P.NAVEEN RAO ORDER:

This writ petition is filed to issue order or direction holding the construction of the 4th respondent as illegal, arbitrary and without any jurisdiction contrary to the principles of natural justice and not in accordance with the Municipal Act and the bye-laws and to direct respondents 1 to 3 to initiate immediate necessary action in that regard.

2. Heard the learned counsel for petitioners and the learned Standing Counsel for the Greater Hyderabad Municipal Corporation for respondents 2 and 3 and with their consent, the writ petition is taken up for disposal at the stage of admission.

3. Petitioners claim that land to an extent of Ac. 46.25 guntas in Survey Nos.5, 6, 7 and 9, situated at Razdarkhanpet Village, Asifnagar Mandal, Hyderabad District, was purchased by their ancestors under a registered Sale Deed, dated 18.02.1322 (Fasli-1922) registered as Document No.47/1332 (Fasli-1922 AD) registered in the office of the District Atraf Balda. The petitioners claim that they have got a valid title over the said property. The petitioners further submit that the 4th respondent, having fabricated some documents seems to have obtained from the third party who has no right, title, interest, has started raising RCC structures over the grabbed land to an extent of 99 square yards in Survey No.5/1 or in alleged house bearing Municipal No.13-1-

517/C/1/A, situated at Razdarkhanpet Village, Asifnagar Mandal, Hyderabad District, belonging to the petitioners. The petitioners have submitted a representation, dated 18.05.2015, to the Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad (2nd respondent), but so far, no action is taken. Hence, this writ petition.

4. When the matter is taken up, both the learned counsel agreed for disposal of the writ petition with a direction to respondents 1 to 3 to expeditiously dispose of the representation of the petitioners, dated 18.05.2015.

5. Having regard to the same, without going into the merits of the matter, the Writ Petition is disposed of directing the respondents 1 to 3 to consider the representation of the petitioners, dated 18.05.2015, and after affording reasonable opportunity to the 4th respondent, pass appropriate orders, as warranted under law, within a period of four (4) weeks from the date of receipt of a copy of this order and communicate the decision to the petitioners. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_________________ P.NAVEEN RAO, J Date: 24th July, 2015 KL

HON'BLE SRI JUSTICE P.NAVEEN RAO Date: 24th July, 2015 KL