Hameeduddin, v. The Assistant Planning Officer,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.13311 of 2009 ORDER:

Petitioner asserts that respondent Nos.5 and 6 submitted applications to the municipal authorities seeking to regularize the buildings in premises No.5-9-29/1, Basheerbagh, Liberty X Roads, Hyderabad, and that he filed his objection petitions dated 15.06.2009 and 29.06.2009. Therefore, he filed this Writ Petition seeking a Mandamus by way of issuing directions to the respondent authorities to consider his objection petitions before regularizing the aforesaid buildings of respondents 5 and 6. It is to be noted that though this Writ Petition is of 2009, no counter-affidavit is filed by any of the respondent authorities. Though respondents 5 and 6 are represented by a counsel, they also did not choose to file counter opposing the Writ Petition. Sri L.

Venkateshwara Rao, learned Standing Counsel for Greater Hyderabad Municipal Corporation, appearing for respondents 1 to 3, on instructions, submits that the application said to have been submitted by respondents 5 and 6 for regularization of the buildings in question is yet to be disposed of; that as a matter of fact, they had once again submitted an application seeking to regularize the buildings in question in terms of G.O.Ms.No.152, dated 02.11.

CKR, J WP.No.13311 of 2009 applications submitted by respondents 5 and 6 are taken up for consideration, the petitioner's objection petitions, dated 15.06.2009 and 29.06.2009 would be considered and that in view of the fact that the Division Bench of this Court stayed the building regularization process, the applications are not being disposed of.

In those circumstances, considering the fact that the Writ Petition is of 2009 and as the applications of respondents 5 and 6 are required to be considered under the Building Penalization Scheme, 2008, this Writ Petition is disposed of with the direction to the respondent authorities to dispose of the applications said to have been submitted by respondents 5 and 6 for regularization of the buildings in question, after giving notice to the petitioner as well as respondents 5 and 6 and after considering the objection petitions of the petitioner. This exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order.

Miscellaneous Petitions, if any pending, shall stand disposed of. There shall be no order as to costs. _________________________ CHALLA KODANDA RAM, J 28th SEPTEMBER, 2018.

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