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High Court for State of TelanganaWP/20050/2017disposed of no costs

Mohammed Asif Hussain , Sohail v. The State Of Telangana,

2017-06-20Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.20050 of 2017 ORDER:

This writ petition is filed by the petitioner, under Article 226 of the Constitution of India, seeking to declare the action of the official respondents 1 to 4 in not taking any action against the 5th respondent, who is making unauthorized/illegal construction of room without any permission in respect of play ground, situated at Surya Nagar Colony, Tolichowki, Hyderabad, against the GHMC Rules and Regulations, without maintaining setbacks as illegal, arbitrary, unauthorized and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the official respondents to to demolish the illegal/unauthorized construction raised by the 5th respondent in respect of play ground, situated at Surya Nagar Colony, Tolichowki, Hyderabad. 2.

Heard both sides and perused the material available on record. With the consent of both the learned counsel, the writ petition is taken up for disposal at the stage of admission. 3.

The case of the petitioner is that the 5th respondent is making unauthorized/illegal construction of room in the play ground situated at Surya Nagar Colony, Tolichowki, Hyderabad, without any permission and against the Greater Hyderabad Municipal Corporation Rules and Regulations, without maintaining setbacks. The main grievance of the petitioner is that the petitioner has submitted representations, dated 28.03.2016, 05.06.2017 & 12.06.2017 to stop the illegal/unauthorized construction raised by the 5th respondent in respect of play

RE,J W.P.No.20050 of 2017 ground, situated at Surya Nagar Colony, Tolichowki, Hyderabad, but so far, no action is taken by the respondent authorities and the same are pending.

5.

When the matter is taken up, both the learned counsel agreed for disposal of the writ petition with a direction to the respondent authorities to expeditiously dispose of the representations of the petitioner.

6.

Having regard to the same, without expressing any opinion on the merits of the matter, the Writ Petition is disposed of directing the respondent authorities to consider the representations made by the petitioner, dated 28.03.2016, 05.06.2017 & 12.06.2017, and take appropriate action, in accordance with law, regarding the unauthorized constructions alleged to have been made by the 5th respondent. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

___________________ RAJA ELANGO, J Date: 20th June, 2017 KL

RE,J W.P.No.20050 of 2017 THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.20050 of 2017 Date: 20th June, 2017 KL