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High Court for State of TelanganaWP/23845/2017disposed of no costs

Shabbir Mohammed Afzal Ahmed v. State Of Telangana, Rep. By Its Principal Secretary.

2017-07-19Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.23845 OF 2017 ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:- "to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the high handed action of the respondents particularly the 4th respondent and its officials in threatening to demolish the building of the petitioners over house bearing municipal no.8-1-355/B/1, total admeasuring 705 sq. yards situated at Adam Colony, Tolichowki, Hyderabad, during pendency of the BRS application made by the petitioners vide Application No.2000071160 dt.08.01.2016 made under G.O.Ms.No.152 Municipal Administration & Urban Development (M1) Department, dt.02.11.2015, as illegal, arbitrary, unjust, unconstitutional, violation of principles of natural justice and also against the provisions of GHMC Act, 1955 and the Rules made there under and consequently direct the respondents to consider the application of the petitioners made vide Application No.2000071160 dt.08.01.2016 under BRS scheme."

2.

After arguing for sometime, learned counsel for the petitioners requested the Court to direct the respondents herein to consider Application No.2000071160, dated 08.01.2016, of the petitioners, which was filed for regularization of the building in question under BRS Scheme, and pass appropriate orders in accordance with law.

3.

Considering the facts and circumstances of the case and the grievance of the petitioners, without going into the merits of the case, the respondents are hereby directed to consider Application No.2000071160, dated 08.01.2016, of the petitioners and pass appropriate orders in accordance with law as expeditiously as possible. Till a decision is taken on the said application, the respondents are hereby directed not to take any coercive steps against the petitioners.

4.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

5.

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

_________________________ JUSTICE RAJA ELANGO Date : 19.07.2017 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.23845 OF 2017 Date: 19.07.2017 AMD