S.H. Kishna Lal v. The State Of Telangana

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 20731 of 2019 O R D E R:

In this writ petition, petitioners' grievance is inaction of respondent No.2-Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad on their representation dated 17.08.2019 to cancel the building permission granted on 21.09.2018 to respondent Nos.5 to 8 on the ground that they obtained the same by showing their property.

Learned counsel for the petitioners submits that the petitioners submitted their objections even before granting building permission to respondent Nos.5 to 8. He further submits that there is a duty cast on the Municipal Corporation to consider such objections in terms of Section 450 of the Greater Hyderabad Municipal Corporation Act, 1955.

In those circumstances, the respondent authorities are directed to reconsider the representation of the petitioners, take a decision thereon in accordance with law, expeditiously, and communicate the same to them. It is needless to mention that before taking any action, the respondent authorities are bound to issue notice to the petitioners as well as respondent Nos.5 to 8. Subject to the above, the writ petition is disposed of. Miscellaneous petitions, if any, pending in this writ petition shall also stand disposed of. There shall be no order as to costs. _________________________ CHALLA KODANDA RAM, J Dt:24.09.2019 kdl

The limited grievance of the petitioner in this writ petition is that respondent No.2-Narsampet Municipality is not considering the representation dated 18.09.2017 submitted by it complaining the unauthorised constructions made by respondent No.3.

Learned Standing Counsel for respondent No.2 seeks time to get instructions in the matter.

Considering the nature of grievance of the petitioner and in view of the directions issued by the Division Bench of this Court vide order dated 27.10.2006 in W.P.No.20000 of 2006 that such representations shall be dealt with by the Municipal Corporations and the Municipalities within a period of 15 days from the date of receipt thereof or of notice sent by any person with the complaint regarding illegal/unauthorised construction, and written response invariably be given to such person, the writ petition is disposed of with the direction to respondent No.2 to take action on the representation of the petitioner within 15 days from the date of receipt of a copy of this order.

Miscellaneous applications, if any pending, in the Writ Petition shall also stand disposed of. No costs.