Mr. Mohd Ghouse v. The State Of Telangana And 4 Others
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY,THE THIRTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI WRIT PETITION NO: 25218 OF 2022 Between:
Mr. Mohd Ghouse, S/o. Mohd Khaja, Aged 57 Years, Occ.Business RUo H.No. 1 1-4-179 and 11-4-'180, Chilkalguda, Secunderabad, ...PETITIONER AND The State of Telangana, Represented by its Principal Secretary, IMA and UD department, 0/o GHMC office, NearTank Bund, Hyderabad-500029. The Greater Hyderabad Municipal Corporation, Rep. by its Commissioner, 0/o. GHMC office, NearTank Bund, Hyderabad-500063.
3. The Deputy Commissioner, GHlvlC, North Zone, Circle No-29, Near City Civil Court, West Marredpally, Secunderabad.
4. The Asst. City planner, Town planning section, GHtt/C, Circle No.29, Secunderabad
5. Mr. Mohammed Zikriya Qureshi, S/o. Late [Vlohammed Shafi, Aged 23 years, 0cc. Private Employee, Rl/o.-H.No. 1 1 -4-17 81 1 I 1, KindiBasti, Chilkalguda, Secunderabad, Telangana ..RESPONDENTS Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased lo issue a Writ, Direction more particularly in the nature of Writ of lvlandamus declaring the inaction of the official respondent No.1 to 4 herein on the representation dt. 14.03.2022 made by the petitioner, against the illegal, unlawful, un-authorized constructions by demolishing old structure and in the process raising G plus 2 floors and third floor of ACC sheets by encroaching the common passage lane on alleged premises in the property bearing H.No.
'1 1-41781111 ,KindiBasti, Chilkalguda, Secunderabad by lhe respondent No.5 as being illegal, arbitrary and violative of Article '14 of Constitution of lndia and consequently directing the respondent No. 1 to 4 herein to take an appropriate Iegal action against respondent No.5 on illegal, unlawful un-authorized constructions raising in G plus 2 floors and third floor of ACC sheets by encroaching the common passage lane on alleged premises in the property bearing H.No.1 1-4-178l1/l,KindiBasti,Chilkalguda, Secunderabad.
lA NO: 1 OF .2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be p eased to direct the respondent No. 1 to 4 herein not to entertain any construction activity in and over property bearing H.No. 11-4- 178/1/1 ,KindiBasti, Chilkalguda, Secunderabad by encroaching the common passage lane herein in the interest of Justice.
Counsel for the Petitioner:SRl. RAMISETTI NAGA HEMANAND Counsel for the Respondent No.'l: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No's. 2 to 4:SRl. CHATLA MADHU (SC FC,R GHMC) Counsel for the Respondent No.5:NONE APPEARED The Court made the following: ORDER
THE HONORABLE SMT JUSTICE LALITHA KANNEGANTI W.P.No.25218 of 2022
ORDER
This writ petition is filed questioning the action of the official respondent Nos.1 to 4 in not considering the representation of petitioner 14-03-2022 for removal of unauthorized constructions raised by the unofficial respondent No.S by raising Ground + 2 floors and third floor of ACC sheets and encroaching the common passage lane on the alleged premises in the property bearing H.No.'1 1-4-17811/1 , Kindibasti, I Chilkalguda, Secunderabad, as illegal and arbitrary. I 2.
Heard learned counsel for the petitioner Mr. R.N.Hemanand, learned Government Pleader for Municipal Administration and Urban Development for respondent No.1 and Mr. Chatla Madhu, learned Standing Counsel for respondent Nos.2 to 4.
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Learned counsel for the petitioner submits that the petitioner has given a representation to the official respondents on 14-03-2022 to remove the illegal constructions raised by the unofficial respondent and in spite of the said representation, no action has been initiated by the respondents and hence, he has come up before this Court. 4.
Learned Standing Counsel for respondent Nos.2 to 4 submits that the respondent Corporation will consider the representatton of
l LK, J w P.No.25218 ot 2022 petitioner dated '14-03-2022 and pass appropriate orders in accordance with law 5.
Recording the submission of the learned Standing Counsel, the Writ Petition is disposed of directing the official respondents to consider the representation of petitioner dated 14-03-2022 and take appropriate decision within a period of six weeks from the date of receipt of a copy of this order. No order as to costs.
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Miscellaneous petitions, if any pending in this writ petition, shall stand closed SD/-N.CHANDRA SEKI{AR RAO ASSISTANT REGISTRAR I / ,TRUE COPY// SECTId,OFFIcER To, 1.
The Principal Secretary, MA and UD department, State of Telangana, O/o GHMC office, Near Tank Bund, Hyderabad-500029. The Commissioner, Greater Hyderabad Municipal Corporation, O/o. GHMC office, Near Tank Bund, Hyderabad-500063.
The Deputy Commissioner, GHMC, North Zone, Circle No.29, Near City Civil Court, West Marredpally, Secunderabad.
The Asst. City planner, Town planning section, GHttilC, Circle No.29, Secunderabad One CC to SRl. RAlt/lSETTl NAGA HEMANAND Advocate IOPUC] Two CCs to GP FOR MCPL ADt\rN URBAN DEV ,High Court for the State of Telangana. IOUT] One CC to SRI CHATLA MADHU (SC FOR GHMC), Advocate [OPUC] Two CD Copies.
One Spare Copy.
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HIGH COURT DATED: 1 310612022 1--=a:::'
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ORDER
WP.No.25218 ot 2022 DISPOSING OF THE WP WITHOUT COSTS.
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