P. Balachander v. The Commissioner Greater Hyderabad Municipal Corporation

THE HONOURABLE SRI JUSTICE T.AMARNATH GOUD W.P. No.27251 of 2019 ORDER:

This writ petition is filed questioning inaction on the part of the official respondents 1 to 3 in taking action on the representations dated 05.03.2018 and 13.09.2019 of the petitioner made against the illegal structures made by the unofficial 4th respondent.

It is the case of the petitioner that he is the neighbour of the unofficial 4th respondent, who stated to have made unauthorized construction of cellar, ground and five upper floors in gross violation of the sanctioned plan. To get over from the above, 4th respondent stated to have filed suit in O.S. No.78 of 2018 on the file of the VI Junior Civil Judge, City Civil Court, Hyderabad and obtained ex parte injunction orders against the GHMC and latter, the same has been withdrawn on 13.08.2019. In spite of which, the GHMC authorities are not taking any action against the unauthorized constructions made by the 4th respondent; that apart, the petitioner also stated to have made representation dated 13.09.2019 stating about the illegal construction made by the 4th respondent. Since the official respondents 1 to 3 have not acted on his representation, he filed the present writ petition.

TA, J W.P. No.27251 of 2019 Heard the learned counsel for the petitioner and Sri Pasham Krishna Reddy for the official respondents, GHMC, and perused the material placed on record.

Having regard to the facts and circumstances of the case and the submissions made by the learned counsel on either side, this writ petition is disposed of directing the official respondents 1 to 3 to consider the representation dated 13.09.2019, stated to have been made by the petitioner, and pass appropriate orders, in accordance with law, after affording an opportunity to the petitioner and the 4th respondent.

Accordingly, this writ petition is disposed of. There shall be no order as to costs.

As a sequel, miscellaneous applications, if any pending, shall stand closed.

_____________________________ JUSTICE T.AMARNATH GOUD Date: 10.12.2019 LSK