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High Court for State of TelanganaWP/26396/2017disposed of no costs

M.A. Hakeem Sayeed v. The Greater Hyderabad Municipal Corporation,

2017-08-07A V Sesha Sai2 pages

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.26396 of 2017 ORDER:

Heard learned counsel for the petitioners and learned Standing Counsel for the respondent-Corporation. The respondent-Corporation, by virtue of the impugned proceedings bearing No.603/TPS/C18/GHMC/2017, dated 03.08.2017, rejected the application of the petitioners under Building Regularization Scheme.

It is submitted by the learned counsel for the petitioners that G.O.Ms.No.152, dated 02.11.2015 provides for appeal against the order impugned and the respondent-authorities, under the guise of the order under challenge, are attempting to take coercive action. On the other hand, it is submitted by Sri P.Keshava Rao, learned Standing Counsel that the petitioners are not entitled for the indulgence of this Court having regard to the conduct of the petitioners.

According to the learned Standing Counsel, as per Rule 11 of the Telangana Regularization of Unauthorizedly constructed Buildings and Buildings Constructed in Deviation of the Sanctioned Plan Rules, 2015, any person aggrieved by the order of the competent authority, he can prefer appeal under Rule 6 to the committee constituted.

Since the appeal is a substantive remedy, this Court having regard to the facts and circumstances of the case and taking into consideration of the submissions made by the learned counsel for both the parties deems it appropriate to relegate the petitioners to the said remedy of appeal.

In view of the above, this Writ Petition is disposed of, keeping it open to the petitioners to file appeal within a period of two weeks from the date of receipt of a copy of this order and if any such appeal is filed within the time stipulated, the same shall be considered and appropriate orders be passed in accordance with law. Till such exercise attains finality, there shall be status quo as on today. It is also made clear that if the petitioners fail to file appeal within the stipulated time, this order will not enure any benefit to the petitioners. No costs.

Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

___________________ A.V. SESHA SAI, J 07th August, 2017.

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