Mane Shekar v. The State Of Telangana
[ 3168 ] HIGH GOURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETIUON NO: 34769 OF 2024 Between:
Mane Shekar, S/o Gopi Ram, Aged about 21 years, Occ ; Social Worker, Ri/o Vidya Nagar, Adilabad Locality, Adilabad District.
.....PETITIONER AND
1. The State of Telangana, Rep by its Principal Secretary, Municipal Administration andUrban Development Department Secretariat, Hyderabad
2. Adilabad Municipality, Rep.by its Commissioner, Adilabad, Adilabad District.
3. Allahbaksh Mohammad Nazir Shaik, S/o Not Known to the petitioner, Aged about [\Iajor, Occ. Organizer, Sri Ramachandra Gopala Krishna Mutt Near Rythu Bazar, Adilabad Town, Adilabad District. .....RESPONDENTS Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondent authorities in taking action against the illegal arid unauthorized Exhibition (SR Amusement Park) without any valid permission conducting by the 3rd respondent which is situated at Ram Leela Maidan, Adilabad District, likely to commence from December 2024 to till ending of January, 2025 and the 3rd respondent organizer not followed the rules and law more particularly without taking any precautionary measures by violating the laws, pursuant to the representation dt. 02-12-2024 and followed by personal visits, as being illegal, arbitrary, unjust and unconstitutional.
|.A.NO:1 OF 2024 Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondent No. 2 herein forthwith to take action against the illegal and unauthorized Exhibition (SR Amusement park) conducting by the 3rd respondent which is situated at Ram Leela Maidan, Adilabad District, by considering written representation dated 02-12-2024, pending disposal of the main writ petition. Counsel for the Petitioner : SRI GAJANAND CHAKRAVARTHI Counsel for the Respondent No.i : Gp FOR MCPL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent No.2 : SRI M.RAM MOHAN REDDY Counsel for the Respondent No.3 : - The Court at the stage of admission made the following ORDER
l/ (r HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.34769 of 20.24 ORDER:
Heard learned counsel appearing for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1 and Sri M. Ram Mohan Reddy, learned Standing Counsel appearing for respondent No'2' Perused the record.
2. In view of the nature of relief sought by the petitioner, this Writ Petition is disposed of at the admission stage dispensing with notice to respondent No.3.
3. Petitioner is resident of Vidya Nagar, Adilabad Loca-lity. Respondent No:2 has accorded permission on 18.10.2024 for conducting exhibition in favour of respondent No.3. It is the specific contention of the petitioner that respondent No.3 is not providing safety
w P.No.34769 of 2 I measures and it is not engaging trained operators to run the joint wheels, break dance, Columbus, Mout ka Kuwa (the persons operating the vehicles without their hands) etc., and also the equipments which are used are very dangerous to the human beings. Due to heavy sound pollution and mike settings, there is a severe disturbance to the surrounding area people. Therefore, petitioner has submitted a representation, dated 02.12.'2024 to respondent No.2 with a request not to issue permission to the exhibition situated at Ram Leela Maidan, Adilabad District. Despite receiving and acknowledging the said representation, respondent No.2 did not act upon the same. Aggrieved by the said inaction of respondent No.2, the petitioner filed the present writ petition.
4. Whereas, Sri M. Ram Mohan Reddy, learned Standing Counsel appearing for respondent No.2, has produced written instructions, wherein it is stated that the one Sri Ramchandra Gopala Krishna Mutt was the owner of the land and he has issued no objection
KL,J W.P.No.34769 of 2024 ( certificate to the Executive Offrcer Endowment Department. Respondent No.2 has'accorded permission to respondent No.3 on 18.1O.2024 for conducting exhibition from 10. Il.2O24 to lA.Ol.2O25 on certain conditions. The said conditions are specihcally mentioned I I therein. Respondent No.2 will also consider the representation dated 02.12.2024 submitted by the petitioner more particularly the concern of the petitioner that respondent No.3 is not providing safet5r measures and he is not engaging trained operators to run joint wheel, break dance etc. The said written instructions are placed on record.
5. In the light of the said submissions, this Writ Petition is disposed of directing respondent No'2 to consider the representation, dated 02.12-2024 submitted by the petitioner more particularly the aforesaid concern of the petitioner and take action strictly in accordance with the procedure laid down under the Telangana I {
W.P.No.34769 of 202 r.\ Municipalities Act, 2019. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. SD/.B.CHANDRA P SH ASSISTANT REGI RAR //TRUE COPY// SECTION OFFICER To
1. The Principal secretary, Municipal Administration and Urban Development Deoartment Secretariai, State of Telangana at Hyderabad ' Z. in6 Commissioner, Adilabad Municipality, Adilabad, Adilabad District'
5. f*o CCs to Cp FOR MCPL ADMN AND URBAN DEVELOPMENT, High Court for the State of Telangana at Hyderabad. [OUT]
4. One CC to SRI GAJANAND CHAKRAVARTHI, Advocate [OPUC]
5. One CC to SRI M.RAM MOHAN REDDY, Advocate [OPUC]
6. Two CD Copies SA BSK
f^r
C.C. TODAY HIGH COURT DATED:1 111212024 1r\ '14.
ORDER
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iJ L] tt WP.No.34769 of 2024 3rr.
rY * DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS.
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