Smt.Putti Uma Devi, v. The State Of Telangana

HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.28337 of 2015 Date :28.09.2015 Between :

Smt Putti Uma Devi, W/.o. Putti Balaraj, Aged about 43 years, Occu:Household, R/o. H.No. 36-178/A, Devamma Basthi, Jagadgirigutta, Hyderabad and another.

.... Petitioners And The State of Telangana, rep by its Prl Secretary, Municipal Administration & Urban Development, Secretariat, Saifabad, Hyderabad and others.

.... Respondents

The Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No. 28337 of 2015 ORDER:

This writ petition is filed questioning the inaction of the respondents 2 to 4 in not taking upon the complaint dated 03.07.2015 made by the petitioners against the unauthorized and illegal construction being undertaken by 5th respondent over the property bearing municipal No.6-3-1192/7, admeasuring 200 square yards at Kundanbagh, Begumpet, Hyderabad.

2. Heard the learned counsel for petitioners, learned Government Pleader for respondent no.1 and standing counsel for respondents 2 to 4 and with their consent the writ petition is taken up for disposal at the stage of admission.

3. Petitioners claim that 1st petitioner is the own sister of 2nd petitioner and elder sister of the 5th respondent and they are the only children of late A.Sataiah, who died in the year 1976 and during his life time, he inherited house property bearing municipal no.60301192/7 at Kundanbagh, Begumpet, Hyderabad from their grandfather late A.Ramaiah, who died intestate. After the death of the petitioners' father, the house property remained in the joint and peaceful possession of petitioners' mother, 2nd petitioner and 5th respondent. Being coparceners of the

ancestral property, petitioners requested the 5th respondent to open partition over the ancestral house property, but the 5th respondent threatened them not to raise any request for partition of the property and thrown out their mother out of the house property. Petitioners further state that 5th respondent started unauthorized and illegal construction over the open land in the said house property without obtaining any permission from the respondent authorities. Petitioners stated to have submitted representation to respondent GHMC authorities dated 03.07.2015 and alleges that no action is taken thereon and the same is pending.

4. When the matter is taken up, both counsel agreed for disposal of the writ petition with a direction to respondents 2 to 4 to expeditiously dispose of the complaint of the petitioners.

5. Having regard to the same, without expressing any opinion on the merits of the matter, writ petition is disposed of directing the respondents 2 to 4 to consider the complaint of the petitioners dated 03.07.2015 and after affording reasonable opportunity to 5th respondent, pass appropriate orders as warranted under law within a period of six weeks from the date of receipt of copy of this order and communicate the decision to the petitioners.

Miscellaneous petitions if any pending in the writ petition shall stand closed. No costs.

_________________________ JUSTICE P NAVEEN RAO Date: 28.09.2015 kkm

HONOURABLE SRI JUSTICE P.NAVEEN RAO

WRIT PETITION No.28337 of 2015 Date :28.09.2015 kkm