Arjumand Ali Khan, v. The State Of Telangana, Rep. By Its Principal Secretary.
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH Between:
Arjumand Ali Khan, S/o. Nawab Mir Jaffar Ali Khan, Aged about 45 years, Occ: Landlord, Rep. by their GPA Mohammed Arif Ameen, S/o. Mohammed Yousuf, Aged about 45 years, Occ: Business, R/o. H.No.11-3-694, Now Mallapally, Hyderabad, A.P. & another .. Petitioners AND The State of Telangana, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Hyderabad & 4 others .. Respondents DATE OF JUDGMENT PRONOUNCED: 05.08.2015 SUBMITTED FOR APPROVAL:
THE HON'BLE SRI JUSTICE P.NAVEEN RAO Whether Reporters of Local newspapers may be allowed to see the Judgments?
No Whether the copies of judgment may be marked to Law Reports/Journals No Whether His Lordship wish to see the fair copy of the Judgment?
No
HON'BLE SRI JUSTICE P.NAVEEN RAO ORDER:
This writ petition is filed questioning the action of respondents 2 to 4 in not taking action against the illegal and unauthorized constructions being undertaken by the 5th respondent along with some unknown third parties and vested interested person, who are land grabbers in respect of the property to an extent of Ac. 10.24 guntas, in Survey No.25, situated at Champapet, Karmanghat Village, Saroornagar Mandal, Ranga Reddy District, pursuant to their representation, dated 29.09.2014, as illegal.
2. Heard the learned counsel for petitioners and Sri Pasham Krishna Reddy, learned Standing Counsel for the Greater Hyderabad Municipal Corporation for respondents 2 to 4 and with their consent, the writ petition is taken up for disposal at the stage of admission.
3. Petitioners claim that the petitioners being the legal heirs and successors of H.E.H the Nizam VII Nawab Mir Osman Ali Khan Bahadur, through Allotment Letters, dated 25.10.2012 and 08.02.2014, issued by the Office of the Secretary, H.E.H. the Nizam's Trust, got allotted their property admeasuring Ac. 10.24 guntas, in Survey No.25, situated at
Champapet of Karmanghat Village, Saroornagar Mandal, Ranga Reddy District. The petitioners further claim that the 5th respondent constructed an illegal and unauthorized multistoreyed building without having any permissions from the Municipal authorities and by taking advantage of the illegal and unauthorized constructions raised by the 5th respondent, some third parties and vested interested persons, who are land grabbers started levelling the subject property and tried to construct structure over the subject property by violating the mandatory provisions of the Municipal authorities. The petitioners have submitted a representation to respondents 2 to 4, dated 04.02.2015, and allege that no action is taken thereon and the same is pending. Hence, this writ petition.
4. When the matter is taken up, both counsel agreed for disposal of the writ petition with a direction to respondents 2 to 4 to expeditiously dispose of the representation of the petitioners, dated 04.02.2015.
5. Having regard to the same, without expressing any opinion on the merits of the matter, the Writ Petition is disposed of directing respondents 2 to 4 to consider the representation of the petitioners, dated 04.02.2015, and after affording reasonable opportunity to the 5th respondent, pass appropriate orders, as warranted under law, within a period of four (4) weeks from the date of receipt of a copy of this order and communicate the decision to the petitioners. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
_________________ P.NAVEEN RAO, J Date: 5th August, 2015 KL
HON'BLE SRI JUSTICE P.NAVEEN RAO Date: 5th August, 2015 KL