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High Court for State of TelanganaWP/21346/2016disposed of no costs

Javed Razack v. The Principal Secretary, Municipal Administration Department

2016-06-30C.Praveen Kumar2 pages

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 21346 of 2016 ORDER:

Heard learned counsel for the petitioner, Government Pleader for Municipal Administration and Urban Development and Sri Chatla Madhu, learned Standing Counsel for G.H.M.C. There is no necessity to put the unofficial respondent on notice as this Court is not venturing to adjudicate the issue on merits.

The present writ petition came to be filed seeking issuance of writ of mandamus directing respondent Nos.2 to 5 to desist and refrain from entertaining any application made by respondent No.6 or any third party for grant of partial or full occupancy certification in respect of property bearing No.6-1-289, Padmarao Nagar, Secunderabad, without following due process of law, by considering the rejection of the first application vide Lr.No.60342/12/01/2016/HO/204, dated 19.02.2016. The grievance of the petitioner appears to be that though the application made by respondent No.6 seeking occupancy certificate in respect of the said property was rejected, but there is every likelihood of respondent authorities considering his request again in spite of the objections raised by the petitioner. Hence, he submits that an opportunity may be given to him before considering the application made by respondent No.6 seeking occupancy certificate in respect of the said property. Without going into the merits of the case and having regard

to the facts and circumstances of the case, respondent Nos.2, 3 and 5 are directed to give notice to the petitioner before passing any orders on the representation, if any, made by respondent No.6 seeking occupancy certificate in respect of the property which is subject matter of dispute in this writ petition. With the above direction, the writ petition is disposed of. There shall be no order as to costs.

Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

_________________________ JUSTICE C. PRAVEEN KUMAR 30.06.2016 gkv