High Court for State of TelanganaWP/6454/2016disposed of no costs

Mohd. Hussain Khan, v. Greater Hyderabad Municipal Corporation,

2016-02-29Sanjay Kumar2 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.6454 of 2016 ORDER:

Heard Sri R. Sameer Ahmed, learned counsel for the petitioner, and Sri N. Ashok Kumar, learned Standing Counsel for the Greater Hyderabad Municipal Corporation.

The prayer of the petitioner in this case is as under: "For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue a writ of Mandamus or any other appropriate writ by declaring the inaction of the Respondent No.1 to 4 in pursuance to their proceedings Lr.No.1004/TPS/C7/GHMC/2015 Dated 22-08-2015, Lr.No.1004/TPS/C7/CZ/GHMC/2015 dated 27-08-2015 and Lr.No.1004/TPS/C7/CZ/GHMC/2015-1.

Dated 04-09-2015 as illegal and to pass such other order or orders as this Hon'ble Court may deem fit just and proper in the circumstances of the case."

It appears that the petitioner made representations dated 19.02.2016 and 20.02.2016 to the authorities of the Greater Hyderabad Municipal Corporation and the same are pending consideration. In the light of the order proposed to be passed by this Court, there is no necessity to put the unofficial respondent on notice as this Court is not venturing to adjudicate any issue on merits. As the representations dated 19.02.2016 and 20.02.2016 made by the petitioner are yet to be acted upon, it is for the authority concerned to apply its mind to the said representations and take action thereon, if warranted, in accordance with the due procedure. In this exercise, the authority would necessarily have to give an opportunity of hearing to all the parties who would be affected by any decision taken upon the petitioner's representations. Adhering to this procedure, the authority concerned shall duly consider the petitioner's representations dated 19.02.2016 and 20.02.2016 and take appropriate action in the matter, if warranted, in accordance with law. 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. The writ petition is disposed of with the above directions. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

____________________ JUSTICE SANJAY KUMAR 29th February, 2016 IBL