High Court for State of TelanganaWP/15995/2015disposed of no costs

Mohammed Abdul Waheed, v. State Of Telangana,

2015-09-03P Naveen Rao2 pages

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.15995 of 2015 DATED : 03.09.2015 Between :

Mohammed Abdul Waheed, S/o.Mohammed Ismail, Aged about 70 yrs, R/o.11-1-293, Aghapura, Hyderabad.

.. Petitioner and State of Telangana, Rep., by its Principal Secretary, M.A & U.D. Department, Secretariat Building, Hyderabad & others.

.. Respondents This court made the following :

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.15995 of 2015 ORDER :

Petitioner alleges that the owner in possession of premises bearing H.No.11-1-297 and 11-1-297/1, Aghapura, Hyderabad, started illegal constructions without obtaining prior permission and converted the residential accommodation into commercial property. This action being ex-facie illegal, petitioner on several occasions, brought to the notice of the respondent-Corporation of the illegal constructions undertaking by the 5th respondent. But no action was taken and the information sought by the petitioner under the Right to Information Act also, the petitioner was informed that no building permission was granted to the 5th respondent. Hence, this writ petition is filed.

2. When the matter is taken up for consideration learned Standing counsel, on instructions, submits that a notice is issued on 06.08.2015 to the 5th respondent under Section 452 (1) of the Greater Hyderabad Municipal Corporation Act, 1955 (for short 'the GHMC Act'), holding that the 5th respondent has illegally and unauthorisedly made constructions and the Corporation shall take further course of action in accordance with notice under Section

452 (2) and under Section 636 of the GHMC Act.

3. Having regard to the stand of the respondent-Corporation, the writ petition is disposed of directing the respondent-Corporation to complete the exercise, as warranted by law, within the time frame fixed and preferably within a period of six weeks from the date of receipt of copy of this order, after affording due opportunity to the 5th respondent and communicate the decision to the petitioner. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ P.NAVEEN RAO,J 3rd September, 2015.

Rds