High Court for State of TelanganaWP/24753/2019dismissed no costs

Jaligam Sai Kumar v. The State Of Telangana, And 2 Others

2019-11-12Challa Kodanda Ram2 pages

HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION Nos.24753 AND 24808 OF 2019 COMMON ORDER :

These two writ petitions are filed with similar prayer in W.P. No.24726 of 2019 which was disposed of by this Court on 11.11.2019.

2. Prayer in these writ petitions is as follows: "...... to issue an order or direction more particularly one in the nature of Writ of MANDAMUS By declaring the action of the Respondent No.3 in issuing to the petitioner common Notice No.42/UC/TPS/Cir-27/KPZ/GHMC/2019 dated 4-11-2019 u/s 452 (1) and 461 (1) of HMC Act threatening to stop the ongoing construction activity and to pull down the construction on house property bearing No:1-30-631/B consisting of one room of 100 sft admeasuring 100 sq yards out of 300 sq yards situated at Khanajiguda, Alwal Mandal, MedchalMalkajgiri District is illegal, arbitrary, violative of Art.14, 21 and 30-A of the Constitution of India; and Consequentially set aside the common Notice No;42/UC/TPS/Cir-27/KPZ/GHMC/219 dated 4-11-219 u/s 452 (1) and 461 (1 of HMC Act issued by the Respondent No;3 threatening to stop the ongoing construction activity and to pull down the construction made in the said house property."

3. Yet another new fact came to light which was not disclosed by the petitioner in W.P. No.24726 of 2019 is that all the three plots are abutting to each other and composite construction is being made

without obtaining permission from the authorities concerned and without maintaining any norms.

4. In the aforesaid circumstances, the notices issued by the respondents under Sections 452(1) and 461(1) of the Hyderabad Municipal Corporation Act, 1955 cannot be found fault. Thus, there are no grounds to entertain these writ petitions.

5. Therefore, both these Writ Petitions are dismissed at the admission stage itself. No order as to costs. As a sequel thereto, Miscellaneous Petitions, if any, pending in these writ petitions stand closed.

___________________________ CHALLA KODANDA RAM, J November 12, 2019.