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High Court for State of TelanganaWP/39164/2014disposed of no costs

M/S Cherukuri Prasad Real Estate Pvt Ltd v. Zonal Commissioner, East Zone, Hyderabad

2015-06-02A.Rajasheker Reddy5 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY, TWO THOUSAND AND FIFTEEN :PRESENT:

THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WP .NO:39164 of 2014 Between:

1. M/s Cherukuri Prasad Real Estate Pvt., Ltd Rep. by Mr.Cherukuri Prasad (GHMC Approved Builder) R/o 8-6171/67, Padmavathi Nagar Colony Vanastalipuram, Hyderabad 500070 Ph: 9848172446

2. Mrs. Ch Lakshmi Ratnam Rep. by Mr. Cherukuri Prasad (Petitioner No.1 & Husband) W/o Cherukuri Prasad, R/o 8-6171/67, Padmavathi Nagar Colony Vanastalipuram, Hyderabad 500070.

..... Petitioners AND

1. Zonal Commissioner, East Zone, Hyderabad Greater Hyderabad Municipal Corporation

2. Deputy Commissioner, LB Nagar, Circle 3, Hyderabad. Greater Hyderabad Municipal Corporation.

.....Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus to the Respondents and Declare the impugned intimation dated 10.12.14 delivered by Respondent No.2 as illegal and unconstitutional and set aside the intimation as null and void and award Opportunity Costs to the Petitioner.

WPMP.NO. 49120 OF 2014:

Petition under Section 151 of C.P.C. Praying that in the circumstances state in the affidavit filed in the Writ Petition, the High Court may be pleased to suspend the impugned intimation bearing File No.

TPS/52511/C3/EZ/GHMC/14 dated 10.12.14, pending disposal of Writ Petition and consequently order the Respondents to issue occupancy certificate unconditionally and immediately for the Residential Building Property (Stilt +Floors) situated in Plot No. 222 and 223, admeasuring 446 sq.mts. in Sy. No. 33, Mansoorabad (V) Sarroor Nagar (M) R.R. District, pending disposal of Writ Petition No. 39164 of 2014 on the file of the High Court.

The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and order of the High Court dated 30-122014, 27-01-2015 & 10-02-2015 made herein and upon hearing the arguments of Sri Cherukuri Prasad Party in Person, for the Petitioners, and Smt. A. Deepthi, Standing Counsel for GHMC for the Respondents, the Court made the following ORDER:

Smt. A. Deepthi learned standing counsel for respondents seeks time for filing counter.

Post after one week in motion list.

Interim order granted earlier shall stand extended till then.

ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To

1. One CC to Sri Cherukuri Prasad, Party In person, (OPUC)

2. One CC Smt. A. Deepathi, Standing Counsel for GHMC, High Court at Hyderabad (OPUC)

3. One spare copy Tvr

HIGH COURT ARRJ

ORDER

DATED: 24-02-2015 W.P. NO. 39164 OF 2014 DIRECTION EXTENDED DRAFTED: TVR DATED: 25-02-2015 HIGH COURT

ARRJ

ORDER

DATED: 24-02-2015 W.P. NO. 39164 OF 2014 DIRECTION EXTENDED