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High Court for State of TelanganaWP/20886/2015disposed of no costs

V. Sobha, v. Greater Hyderabad Municipal Commission,

2015-07-13P Naveen Rao4 pages

HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 20886 of 2015 Date :13-07-2015 Between :

V Sobha W/o Sri Sreenivasulu Reddy R/o flat No. 101, H No. 8-3-167/K/59, Mahashakthi mansion, Kalyan Nagar, Hyderabad Petitioner And GHMC, Hyderabad rep by its Commissioner and others Respondents The Court made the following:

HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 20886 of 2015 ORAL ORDER:

Heard learned counsel for petitioner and Sri P Keshav Rao, learned

standing counsel for respondent GHMC and with their consent, the writ petition is taken up for disposal at the admission stage.

2. This writ petition is filed questioning the action of the first and second respondents in not taking action on the representation of the petitioners dated 20.4.2015 regarding demolition of unauthorized constructions made by third respondent on 5th floor and stilt area at Mahashakthi mansion, H NO.

8-3-167/K/59, Kalyan Nagar, Venture-III, Hyderabad as illegal and for a consequential direction to demolish the unauthorized constructions.

3. Petitioners claim that they are owners and possessors of Flat bearing Nos. 101, 201, 301 and 401 respectively of Mahashakthi mansion, H NO. 8-3-167/K/59, Kalyan Nagar, Venture-III, Hyderabad. That first respondent granted permission dated 29.8.2011 for construction of stilt plus four upper floors to third respondent and petitioners have purchased their respective flats and corresponding parking place in stilt area and living therein. The grievance of the petitioners is that third respondent has constructed 5th floor and an office room in stilt area to an extent of 1850 sq feets, and on coming to know that such constructions are made unauthorisedly without having any sanctioned permission, petitioners have submitted a representation dated 20.4.

2015 to respondent corporation requesting to demolish unauthorized constructions, however no action is taken thereon and the same is pending. Since no action is being taken by the officials of respondent corporation, petitioners got issued a legal notice dated 9.6.2015 and in spite of the same, no action is taken. Hence, the present writ petition.

4. When the matter is taken up, both counsel agreed for disposal of the writ petition with a direction to first and second respondents to expeditiously dispose of the representation of petitioners dated 20.4.2015.

5. Having regard to the same, without expressing any opinion on the merits of the matter, writ petition is disposed of directing first and second respondents to consider the representation of the petitioners dated 20.4.2015

and pass appropriate orders as warranted under law within a period of six weeks from the date of receipt of copy of this order and communicate the decision to the petitioners. It is needless to mention that prior notice and opportunity of hearing be afforded to third respondent. No costs. Having regard to the same, miscellaneous petitions, if any pending, are closed. ______________ P NAVEEN RAO,J DATE:13/7/2015 TVK HONOURABLE SRI JUSTICE P. NAVEEN RAO

WRIT PETITION No. 20886 of 2015 Date :13-07-2015