Mohammed Ashfaq Ali, v. State Of Telangana, Rep.By Its Principal Secretary,

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.6708 OF 2016

O R D E R

The prayer of the petitioner in this case is as under: 'For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue a writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS, directing the respondents 1 to 4 to cancel the permission granted by GHMC vide permit No.47799/DC/SZ/Cir4/2016, File No.15284/26/03 /2015/C04 dt.28.01.2016, in respect of the property bearing fictitious municipal numbers 17-1-197/T/7/4 and 5 (Plot No.4 and 5), (actual municipal No.

17-1-197/5/C/C), situated at Dhobighat, Mandannapet, Saidabad Mandal, Hyderabad District in favour of the respondents 5 and 6 and to demolish the illegal construction made by the respondents 5 and 6 on the said property, and also direct the respondents 1 to 4 to make an enquiry as to how the fictitious municipal numbers 17-1197/T/7/4 and 5 (Plot No.4 and 5), were brought into existence by replacing the original number 17-1-197/5/C/C and cancel the said fictitious municipal numbers, in the interest of Justice.' Heard Sri P.Shiv Kumar, learned counsel for the petitioner, Sri Pasam Krishna Reddy, learned standing counsel for the Greater Hyderabad Municipal Corporation (GHMC), and Sri T.Srikanth Reddy, learned counsel for respondents 5 and 6.

The complaint dated 24.02.2016 made by the petitioner in relation to the construction activity of respondents 5 and 6 is pending consideration before the GHMC. That being so, this Court sees no purpose served in entertaining this writ petition for adjudication on merits as the authority concerned is yet to apply its mind to the said complaint and take appropriate action thereon.

The writ petition is accordingly disposed of directing the concerned authorities in the GHMC to consider the petitioner's complaint dated 24.02.2016 and take appropriate action in the matter thereon. In the course of this exercise, the GHMC would necessarily have to give

notice and an opportunity of hearing to all the parties who would be affected by any action taken upon the said complaint. This exercise shall be completed expeditiously and in any event, not later than two weeks from the date of receipt of a copy of this order. Pending miscellaneous petitions shall stand closed. No order as to costs. ______________________ SANJAY KUMAR, J 9th MARCH, 2016 Note: Issue C.C. in two days.

B/o Svv