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High Court for State of TelanganaWP/16863/2011disposed of no costs

B.Madhusudhan Rao, v. The Greater Hyderabad Municipal Corporation,

2016-11-15A Ramalingeswara Rao2 pages

HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO Writ Petition No. 16863 of 2011 Order:

None appears for the respondents 1 to 3 nor is a counter affidavit filed on their behalf. The efforts of the petitioner to serve notice on the fourth respondent are failed, but in view of the relief sought for and manner of disposal of the Writ Petition, the petitioner is not insisted to take out notice to the fourth respondent.

Heard learned counsel for the petitioner.

This Writ Petition was filed challenging the action of the respondents 1 to 3 in not acting on the complaint of the petitioner dated 06.06.2011 in respect of the alleged construction made by the fourth respondent in the property bearing No.18-7-834, outside Gowlipura, Hyderabad.

The petitioner who is an advocate submitted a representation on 06.06.2011 stating that he is the owner of the house bearing No.18-7835, outside Gowlipura, Hyderabad and by the southern side of his house the fourth respondent was constructing first floor by raising pillars and concrete walls without his knowledge and intimation. He also states that some damage occurred to his property. In spite of his protest on 03.06.2011, the fourth respondent went ahead with the construction. In those circumstances, he submitted the above representation. The said representation was acknowledged by the respondents on 06.06.2011, as could be seen from the inward stamp. In view of the request of the petitioner, the respondents 2 and 3 should have considered

ARLR, J WP No.16863 of 2011 the representation and enquired into the matter, but they have failed to do so.

In the circumstances, the Writ Petition is disposed of directing the respondents 2 and 3 to consider the representation of the petitioner dated 06.06.2011 and enquire into the matter by calling the petitioner and the fourth respondent and pass appropriate orders thereon in accordance with law within a period of three (3) months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

____________________________ A. RAMALI NGESWARA RAO, J Date: 15.11.2016 Nsr