Western Hills Addagutta Cooperative Society Plot Holders Welfare Association And Another v. The State Of Telangana And 7 Others

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 23882 of 2019 ORDER:

Petitioner No.1-Western Hills Addagutta Cooperative Society Plot Holders Welfare Association asserts that in the original layout, plot No.27-A was earmarked for water tank; that by tampering the original layout, one Shyam Mohan Rao, who represented the Society, sold the same to one B.Veerender, who in turn, got regularized the same under G.O.Ms.No.36 dated 12.01.2006; that on the complaint made by the Society, the Special Officer and Competent Authority, Urban Land Ceiling, Hyderabad vide proceedings dated 02.03.2006 had cancelled the allotment made in favour of B.Veerender; that the said Veerender sold the said plot in favour of respondent Nos.5 and 6 herein, who, in turn, had obtained building permission for construction and that on coming to know the said fact, the Society submitted a representation dated 24.10.2019 before the Zonal Commissioner, Kukatpally Circle, for necessary action, but no action has been taken thereon. Hence, this writ petition.

Sri Sravan Kumar Punnam, learned counsel for respondent Nos.5 and 6 submits that respondent Nos.5 and 6 may also be given opportunity to support the building permission granted in their favour.

Sri Sampath Prabhakar Reddy, learned Standing Counsel for respondent Nos.2 to 4 submits that the representation submitted by

the petitioner would be considered and necessary orders would be passed under Section 450 of the Greater Hyderabad Municipal Corporation Act. He further submits that the petitioner had submitted the representation to the Zonal Commissioner, Kukatpally Circle, however it is only the Commissioner who is competent to pass orders.

In those circumstances, the Zonal Commissioner, Kukatpally Circle shall makeover the file to the Commissioner, who, in turn, shall take necessary action in accordance with law. The writ petition is accordingly disposed of. Miscellaneous Petitions, if any pending, shall stand disposed of. There shall be no order as to costs.

_________________________ CHALLA KODANDA RAM, J Dt: 01.11.2019 kdl