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High Court for State of TelanganaWP/28447/2015disposed of no costs

Smt.Leelavathi Harkut, v. The State Of Telangana,

2015-09-03P Naveen Rao4 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND FIFTEEN

Present

Between:

Smt. Leelavathi Harkut, W/o. Nathmal Harkut, Aged about 56 yers, Occ: Housewife, R/op. H.No.21-3-411 & 413, Moosabowli Road, Mehboob-ki-Mehandi, Hyderabad.

.. Petitioner AND The State of Telangana, Principal Secretary, Municipal Administration & Urban Development, Secretariat, Hyderabad & 3 others .. Respondents The Court made the following:

ORDER:

This writ petition is filed questioning the action of the respondents 2 and 3 herein in not taking action on the complaints of the petitioner, dated 18.12.2014, 24.11.2014, 07.04.2015 and 23.07.2015, as illegal and arbitrary.

2. Heard the learned counsel for petitioner and learned Standing Counsel for the respondent Municipal Corporation and with their consent, the writ petition is taken up for disposal at the stage of admission.

3. Petitioner claims to be the absolute owner and possessor of the property bearing House No.21-3-411, 412 & 413, situated at Moosabowli Road, Mehboob-ki-Mehandi, Hyderabad. The petitioner claims that the 4th respondent, who is her neighbour, started making illegal construction upon her property without following the rules and regulations or obtaining permission from the Greater Hyderabad Municipal Corporation. The 4th respondent is making constructions without leaving any setbacks towards the side of the property of the petitioner and erected staircase adjoining to the western side of the petitioner's property and also installed a gate to the common passage.

The petitioner made several complaints to respondents 2 and 3, dated 18.02.2014, 24.11.2014, 07.04.2015 and 23.07.2015, but so far, no action is taken thereon and the same are pending.

4. When the matter is taken up, both the learned counsel agreed for disposal of the writ petition with a direction to respondents 2 and 3 to expeditiously dispose of the complaints of the petitioner.

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 and 3 to consider the complaints of the petitioner, dated 18.02.2014, 24.11.2014, 07.04.2015 and 23.07.2015, and after affording reasonable opportunity to the 4th respondent, pass appropriate orders, as warranted by law, within a period of six (6) weeks from the date of receipt of a copy of this order and communicate the decision to the petitioner. 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: 3rd September, 2015 KL

Date: 3rd September, 2015 KL