A.Ashok Kumar v. The State Of Telangana,

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.20727 OF 2017 ORDER:

This writ petition is filed by the petitioner through his GPA holder, with a prayer to issue a writ of mandamus to declare the action of the respondents 1 to 6 in not removing the illegal structures and closing the commercial businesses being run by the respondents 7 and 8 without any permissions/ approval at Divija Enclave apartment bearing H.No.2-22-311/ 54A and 55A, Adagutta Co-operative Housing Society Limited, Kukatpally Village and Municipality, Balanagar Mandal, Ranga Reddy District, as illegal and arbitrary and consequently, direct the respondents 2 to 6 to act upon the representation of the petitioner, dated 24.03.2017.

Heard and perused the material available on record. The case of the petitioner is that he purchased a flat in Divija Enclave, constructed by the respondents 7 and 8 for a total consideration of Rs.39,00,000/ -. After registration of the flat, the petitioner came to know that the respondents 7 and 8 obtained permission for construction of ground plus two floors only, but they constructed ground plus four floors and also two pent houses, which is an illegal construction, and further the apartment was constructed for the purpose of residential usage only but, the respondents 7 and 8, without seeking permission from any authority, or without getting any consent from the owners of the other flats in the apartment, allowed to run commercial shops and also a hospital, and therefore, the flat owners are facing parking problem and lot of inconvenience. The petitioner, through his GPA holder, submitted representation, dated 24.03.2017, to

the 2nd respondent to take action against respondents 7 and 8. But, the respondent has not taken any action so far.

Considering the circumstances of the case and the grievance of the petitioner, without expressing any opinion on merits, this Court is inclined to pass the following order:

" The 2nd respondent is directed to consider representation, dated 24.03.2017, made by the petitioner, and take appropriate action in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order."

With the above direction, the Writ Petition is disposed of. No order as to costs. Miscellaneous petitions pending if any, shall stand closed.

______________ RAJA ELANGO, J June 27, 2017 KTL