E.Bharathamma Medak Dist v. Prl Secy Mun Admn And Ud Dept Hyd And Another

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.8279 of 2016 ORDER:

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, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in not registering the allotted plot No.6 at IDSMT Phase - II, Medak to the petitioner, as illegal, arbitrary and violative of Article 14, 300-A of Constitution of India and consequently direct the respondents to register the allotted Plot No.6 at IDSMT Phase - II, Medak and handover the possession to the petitioner without registering the same in favour of third-party, and pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case."

Despite the matter being adjourned to enable the learned Standing Counsel to get instructions, there is no representation for the Medak Municipality, the 2nd respondent, when the matter is taken up for hearing.

The petitioner made representation dated 19.01.2016 to the Commissioner, Medak Municipality, requesting registration of the plot in her favour. This representation is yet to be considered. That being so, this Court sees no reason to entertain the writ petition for adjudication on merits at this stage.

The writ petition is accordingly disposed of directing the 2nd respondent to consider the petitioner's representation dated 19.01.2016 in accordance with law and take appropriate action thereon. In the event the petitioner's request for registration of the plot is rejected, the reasons therefor shall be recorded and duly communicated to her. 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.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ JUSTICE SANJAY KUMAR Date:31.03.2016 GJ