Smt.Yalleni Manga v. Greater Hyderabad Municipal Corporation

THE HONOURABLE SRI JUSTICE T.AMARNATH GOUD W.P.No.26636 of 2019 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking the following relief: "To issue a Writ Order or Orders more particularly one in the nature Writ of Mandamus declaring the action of the respondent corporation in allowing the 3rd respondent for construction a building without any valid permission into the petitioners private property admeasuring 100 sq yards situated in Survey No 71/A Ferozguda Village under GHMC limits Kukatpally Circle Balanagar Mandal MedchalMalkajgiri District Telangana State under the guise of alleged GHMC permission which is to be granted in different survey number i.e. Sy.No.65 but not the petitioners property which is situated in Survey No.

71/A of the same Village is illegal arbitrary discriminatory unconstitutional and violative of principles of natural justice and also is in gross violation of Rules contemplated in the Greater Hyderabad Municipal Corporation Act 1955 consequently direct the respondent corporation to remove / demolish the illegal and unauthorized construction of a building into the petitioners private property admeasuring 100 sq yards situated in Survey No 71/A and if any Building Permission is there in favor of the 3rd respondent please be set aside the same and costs may be awarded". 2.

Heard the learned counsel appearing for petitioner and Sri Sampath Prabhakar Reddy, learned Standing Counsel for Respondent-GHMC and perused the material available on record. 3.

According to petitioner, she is the owner and possessor of plot admeasuring 100 sq.yards in Sy.No.71/A of Ferozguda village, under GHMC limits, Kukatpally circle, Balanagar mandal, Medchal-Malkajgiri district by virtue of registered sale deed dated

15.9.2018 bearing Doc.No.3516 of 2018. It is the grievance of the petitioner that the 3rd respondent is proceeding with unauthorized construction in the garb of permission granted by GHMC, which is alleged to have been granted in his favour in Sy.No.65, but not in Sy.No.71/A. Being aggrieved by the said action, petitioner filed complaint/representation dated 23.10.2019 before the Respondent-GHMC and since no action has been taken, the present writ petition is filed.

4.

In view of the same and without expressing any opinion on the merits of the matter, the Writ Petition is disposed of directing the Respondent No.1 to look into the matter and ensure that appropriate action be taken on the complaint/representation made the petitioner by passing appropriate orders, in accordance with law, as expeditiously as possible preferably by the end of February 2020. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs. _________________________ T. AMARNATH GOUD, J Date: 16.12.2019 DA

THE HONOURABLE SRI JUSTICE T.AMARNATH GOUD W.P.No.26636 of 2019 16.12.2019 DA