High Court for State of TelanganaWP/26877/2018disposed of no costs

R. Ram Murthy v. State Of Telangana

2018-09-17A V Sesha Sai3 pages

HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION NO.26877 OF 2018 O R D E R :

This Writ Petition is filed under Article 226 of the Constitution of India seeking mandamus to declare the inaction of the respondents 2 and 3 on petitioner's representation dated 24/7/2018 to stop the illegal construction made by the fourth respondent without leaving set-backs besides the petitioner's house bearing No. H.No. 14-2-47, Old C.I.B. Quarters, Gosha Mahal, Hyderabad, as illegal, irregular, arbitrary and contrary to the provisions of Hyderabad Municipal Corporation Act, 1955 and Rules framed thereunder and offends Article 14, 21 of the Constitution of India and consequently to direct the respondents 2 and 3 to consider the petitioner's aforesaid representation of the petitioner and to pass such other suitable orders as this Court may deems fit and proper in the circumstances of the case.

2. Heard Sri Manchala Solomon Raju, learned counsel appearing for the petitioner as well as learned Government Pleader for Municipal Administration and Urban Development [TG], Sri N. Ashok Kumar for the respondents 1 to 3.

3. When the matter is taken-up, it is submitted by the learned counsel for the petitioner that after filing the writ petition, the respondent-corporation issued notice under section 452 of the

Hyderabad Municipal Corporation Act, 1955 to the fourth respondent.

4. On the other hand, it is submitted by the learned standing counsel for the respondents 1 to 3, Sri N. Ashok Kumar that further action pursuant to the said notice would be taken strictly in accordance with law, after giving notice to all the stake holders.

5. Recording the above submission, the writ petition is disposed of at the stage of admission, directing the respondents 1 to 3 herein to take action pursuant to the notice, strictly in accordance with law after giving notice to the stake-holders.

6. With the above direction, the writ petition is disposed of. However, there shall be no order as to costs.

7. As a sequel, miscellaneous petitions if any, pending in this writ petition shall stand closed.

________________________ JUSTICE A .V . SESHA SAI 17-09-2018 I s L

HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION NO.26877 OF 2018 Circulation No.

Date:17-09-2018 Court Master : I s L