M.Vijay Kumar, v. State Of Telangana, Rep By Its Principal, Secretary,

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.11847 of 2016 ORDER:

Heard Sri T. Rama Chandra Murthy, learned counsel for the petitioner, and Sri Pasham Krishna Reddy, learned Standing Counsel for the Greater Hyderabad Municipal Corporation. The prayer of the petitioner in this case is as under: "For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue a writ, direction, more particularly one in the nature of writ of mandamus declaring the action of the respondents 2 to 4 in allowing the construction without leaving any setbacks as per the sanction plan and also provisions of G.H.M.C. Act 1955 and trying to erect shutters in the ground floor without any permission in H.No.C-12, Road No.5, S.R.K.Puram, Saroornagar, Hyderabad-35, as illegal arbitrary and violation of provisions of GHMC Act and pass such other order as this Hon'ble Court deems fit and proper in the circumstances of the case."

It appears that the petitioner made complaints dated 06.01.2016 and 06.02.2016 to the authorities of the Greater Hyderabad Municipal Corporation and the same are pending consideration. In the light of the order proposed to be passed by this Court, there is no necessity to put the unofficial respondent on notice as this Court is not venturing to adjudicate any issue on merits. As the complaints dated 06.01.2016 and 06.02.2016 made by the petitioner are yet to be acted upon, it is for the authority concerned to apply its mind to the said complaints and take action thereon, if warranted, in accordance with the due procedure. In this exercise, the authority would necessarily have to give an opportunity of hearing to all the parties who would be affected by any decision taken upon the petitioner's complaints. Adhering to this procedure, the authority concerned shall duly consider the petitioner's complaints dated

06.01.2016 and 06.02.2016 and take appropriate action in the matter, if warranted, in accordance with law. This exercise shall be completed expeditiously and in any event, not later than four weeks from the date of receipt of a copy of this order.

The writ petition is disposed of with the above directions. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

____________________ JUSTICE SANJAY KUMAR 11th April, 2016 IBL