Syed Tanveer Jaffri v. The State Of Telangana

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.39517 of 2015 Date:07.12.2015 Between:

Syed Tanveer Jaffri, S/o Syed Naseeruddin Jaffri ..... Petitioner And:

The State of Telangana, reptd., by its Principal Secretary, Municipal Administration and Urban Development, Hyderabad and another.

.....Respondents Counsel for the Petitioner: Mr. Daraboina Subramanyam Counsel for Respondent No.1: AGP for Municipal Admn. (TS) The Court made the following:

ORDER:

This Writ Petition is filed with the grievance that respondent No.2 has not been taking any action on the petitioner's representation, dated 03.9.2015. It is the pleaded case of the petitioner that with respect to a house site admeasuring 196.46 square meters bearing premises No.8-1-332/3/102, Aziz Bagh Colony, Hyderabad, there is a dispute between him and one Talat Parveen, W/o Dr. Mohammed Rahmathullah Khan; that building permission was granted

in his favour by the Greater Hyderabad Municipal Corporation (for short 'the GHMC'); and that the said Talat Parveen filed Writ Petition No.35578 of 2012, wherein an order of status quo was granted.

In the present Writ Petition, the grievance of the petitioner is that in order to take vengeance against him, the said Talat Parveen has instigated the officials of the GHMC, who in turn, have been dumping the garbage on his site and that his representation, dated 03.9.2015, submitted to respondent No.2 in this regard has not yielded any response.

Mr. P.Kesava Rao, learned Standing Counsel for the GHMC, on instructions, submitted that the present Writ Petition is an off-shoot of the pending litigation between the petitioner on one side and the said Talat Parveen on the other side and that the two officials named in the affidavit of the petitioner have nothing to do with the dumping of garbage over the petitioner's site. He has further submitted that if at all, it is only the said Talat Parveen who is responsible for dumping of garbage over the petitioner's site.

In the light of the above submissions of the learned Standing Counsel, I am of the opinion that the GHMC officials are not responsible for the alleged dumping of garbage on the petitioner's site. Therefore, I am not inclined to entertain this Writ Petition against the respondents. If the petitioner feels aggrieved by the dumping of garbage on his site by any private person(s), he is entitled to avail appropriate remedies in accordance with law against such person(s).

Subject to the liberty given to the petitioner as above, the Writ Petition is dismissed.

As a sequel to dismissal of the Writ Petition, W.P.M.P.No.50972 of 2015 shall stand dismissed as infructuous.

____________________________ JUSTICE C.V.NAGARJUNA REDDY 07th December, 2015 DR