Shaik Rafiq Ahmed v. The State Of Telangana,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.15348 of 2017 ORDER:

The Order dated 18.042017, issued by the 3rd respondent‐Assistant City Planner, GHMC, threatening to remove the gate erected in the premises bearing D.No.5‐4‐210/2 situated at Jeera, Boats Club, Secunderabad, is challenged before this Court.

It is the case of the petitioner that in spite of the fact that he has already submitted his ownership documents on 28.06.2016, only at the instance of the third party's anonymous complaint, the respondent authorities are harassing him to remove the gate as it is causing hindrance to the public. It is further case of the petitioner that he had constructed a house in the year 1989 itself and is in peaceful possession and enjoyment of the said property. After considering the submissions on the part of the petitioner, as only notice has been issued to the petitioner to submit his ownership document and even assuming that the petitioner had already submitted the ownership document, no harm would be caused if one more copy is submitted by him to the respondent authorities.

Accordingly, the petitioner is directed to submit the documents, as sought for by the respondent authorities in the impugned order dated 18.04.2017, within four weeks from the date of this order. However, it is made clear that if for any reason the respondent authorities come to conclusion that the petitioner is objecting the traffic flow, it is open for them to issue notice and take appropriate action in accordance with law.

Subject to the above observation, the Writ Petition is disposed of. Consequently, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

______________________ CHALLA KODANDA RAM, J Date:25.04.2017 Ssv