M.Shankar Yadav, v. Greater Hyderabad Municipal Corporation

THE HON'BLE SMT JUSTI CE KONGARA VI JAYA LAKSHMI Writ Petition No.52 of 2013 Order:

This Writ Petition is filed questioning the action of the respondents 1 and 2 in not taking steps against the unauthorized construction being raised by the third respondent in respect of property bearing H.No.12-1330/A, situated at Kummariwada, Asifnagar, hydeabad, as illegal and arbitrary.

The case of the petitioner is that his father was the absolute owner and possessor of the residential house bearing No.12-1-330, admeasuring 560 sq. yards, situated at Asifnagar, Hyderabad; after the death of his father, the petitioner, his brothers and sister succeeded to the said property; one of his brother sold the property which he acquired in the partition in favour of the third respondent and that the third respondent is resorting to unauthorized construction without leaving any set backs; the petitioner submitted a representation on 09.10.2012 requesting the second respondent to look into the matter and take appropriate action. Since the Writ Petition is of the year 2013, the petitioner is permitted to file a fresh representation before the second respondent within a period of two (2) weeks from the date of receipt of a copy of this order and, on filing such representation, the second respondent shall consider the same and, after giving reasonable opportunity of hearing to the petitioner and the third respondent, pass appropriate orders thereon in accordance with law.

The Writ Petition is, accordingly, disposed of. There shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

_____________________________ KONGARA VI JAYA LAKSHMI , J.

Date: 12.12.2018 Nsr

THE HON'BLE SMT JUSTI CE KONGARA VI JAYA LAKSHMI Writ Petition No.52 of 2013 Date: 12.12.2018 Nsr