M. Vital Swamy v. The State Of Telangana And Another

, [ 3230 ] HIGH COURT FOR THE STATE OF TELANGANA '- AT HYDERABAD ..

(Special Original Jurisdiction) TUESDAY, THE TWENTIETH DAY OF DECEMBER .'

TWO THOUSAND AND TWENTY TWO ./.

PRESENT THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI WRIT PETITION NO:45298 OF 2022 '/ Between:

M. Vital Swamy, S/o Late M.Mutahaiah, R/O H.No 17-2-859 & 865/5 (Tin No. 1041725054) Purana Ediga, Madannapet Saidabad.occ. Rtd. Employee. Hyderabad - Mobile No. 9160551050.

...PETITIONER AND '1. The State Of Telangana, Rep.By lts Principal Secretary,Municipal Administration And Urban Development Department, Secretariat Buildings, Hyderabad,Telangana

2. The Commissioner Greater Hyderabad Municipal Corporation, Rep. By lts Commissioner, Lower Tankbund,Hyderabad.

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 action the Respondent no.2, in not taking any action on the representation dated 1910512022 is illegal , arbitrary malafide and violation of principles of natural justice , and consequently direct the respondent no.2 to consider the representation made by the petitioner on 1910512022 and demolish the illegal construction made by MUDIMALA BIKSHAPATI S/O M.MUTHAIAH Aged about 75 years, Occupation. Retd Employee, R/o.

17-2-859,865/8 near OLD EDIGA MADANNAPET, Hyderabad, Telangana State, in the interest of justice and equity; IA NO: 1 OF 2022 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 to consider the representations made by petitioner on 1910512022 and demolish the illegal structure made MUDIMALA BIKSHAPATI S/O M.

R/o.17-2-859,865/8 near old ediga Madannapet, Hyderabad, Telangana State and on the petitioners property by the and be pleased; Counsel for the Petitioner: SRl. MD FASIUDDIN Counsel for the Respondent R1: GP FOR MCPL ADMN URBAN DEV Counsel forthe Respondent R2: SRI V. PRAVEEN KUMAR LEARNED SC The Court made the following: ORDER

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION No.45298 of 2022 ORDER:

The writ petition is filed seeking the following relief: "... to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action the Respondent no.2 in not taking any action on the representation dated 19.05.2022 is illegal, arbitrary malafide and violation of principles of natural justice and consequently direct the respondent no.2 to consider the representation made by tJle petitioner on 19.05.2022 and demolish the illegal construction made by MUDIMALA BIKSHAPATI S/O M MUTHAIAH Aged about 75 years, Occupation: Retd. Employee, R/o.17-2-a59,86518 near old ediga Madannapet, Hyderabad, Telangana State in the interest \ of justice and equity and ....".

2.

Mr. Md. Fasiuddin, learned counsel for the petitioner submits that the petitioner is old age senior citizen and one M. Bhikshapathi under the guise of permission granted by the respondents is illegally encroaching into the petitioner's land and making construction. He submits that in this regard, several complaints were given to the respondents and in spite of that, no action has been taken by them.

3.

Mr. V. Praveen Kumar, learned standing counsel for the respondent municipality submits that they will consider the representation of the petitioner and take appropriate action. 4.

Recording the said submission of the learned standing counsel, the writ petition is disposed of directing the respondents to

consider the representation of the petitioner dated 19 .O5.2O22 and pass appropriate orders in accordance with law, within a period of (6) weeks from the date of receipt of copy of the order, duly issuing notice to the concerned. There sha1l be no order as to costs. The Miscellaneous Applications, if any shall stand automatically closed.

I SD/- MOHD. SANAU ASSISTAN ANSARI ISTRAR R //TRUE COPYII SE FFICER To,

1. The Principal Secretary,Municipal Administration And Urban Development Department, Secretariat Buildings, State Of Telangana, Hyderabad, Telangana

2. fhe Commissioner, Commissioner Greater Hyderabad Municipal Corporation, Lower Tankbund, Hyderabad.

3. One CC to SRl. MD FASIUDDIN, Advocate IOPUC]

4. One CC to SRl. PRAVEEN KUMAR, Advocate [OPUC]

5. Two CCs to GP FOR MCPL ADMN URBAN DEV, High Court for the State of Telangana, Hyderabad. [OUT]

6. Two CD Copies

HIGH COURT LKJ ktE STAiF d.

DATED: 2011212022 Q:

oo 2 [ l[tl 7fr1 i.-;, r: i.. ,

ORDER

WP.No.45298 of 2022 WRIT PETITION IS DISPOSED OF WITHOUT COST