P.Pawan Kumar v. State Of Telangana

[ 3{681

IN THE HIGH COURT FOR THE STATE OF TEIANGANA AT HYDERABAD

(SPecial Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO:36890 0F 2024 Between:

40 Years, Rto 34-63119117611' Sri P. Pawan Kumar, Sio P.Ashok, Aged itimanrpuram, Ramanthapur, Hyderabad ...PETITIONER AND State of Telangana, Rep. by its Principal Secretary,.Municlpal Administration ;;eiJ;;;; D;;"ioEm"tit o6partment' secretariat'' Hvderabad The Greater Hvderabad Municipal Corporation, Rep by its Commissioner' Tank Bund Road, Hyderabad The Commissioner, The Greater Hyderabad Municipal Corporation' Circle-ll' J Uppal, Hyderabad P.Lucas, s/o not known Age- not known, R/o H'No' 2-24-10211 Laxmi Nagar Colony, IDA UPPaI HYderabad.

...RESPONDENTS Petition under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue writ, order or direction more particularly one in the nature of Writ ofMandamusdeclaringtheactionoftheRespondentNo-2to3anditsofficialsin nottakinganyactionagainsttheunauthorizedconstructionasillegal'arbitraryand contrary to the GHMC Act and further direct the Respondent No'2 to 3 to demolish the construction in accordance with the Act' lA NO: 1 oF 2024 PetitionunderSectionl5lCPCprayingthatinthecircumstancesstatedin theaffidavitfiledinsupportofthepetition,theHighcourtmaybepleasedto directtheRespondentNo.2to3totakeimmediateactionagainsttheillegal I I I I

petition by Respondent No.4, pending disposal of the above writ construction made Counsel for the Petitioner : SRI M.SRIKANTH Counsel for the Respondent No.1 : Gp FOR MCPL ADMN URBAN DEV Counsel for Respondent No.2&3:SRl SRINIVAS RAO pACHWA, SC FOR GHMC Counsel for the Respondent No.4 :

-- The Court made the following: ORDER

HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.3 6890 of2024 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 Srinivas Rao Pachwa, learned Standing Counsel appearing for respondent Nos'2 and 3' 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'4'

3.

Petitioner 1S resident of Lakshminagar ColonY 1n Uppal. Respondent No.4 is making constmction without maintaining setbacks and without obtaining permission from respondent-Corporation. Therefore, petitioner has submitted a representation, dated 12-12-2024 to respondent No.2 and also to the Town Planning Section Head Office of respondent No.2 with a request to take t

KL,J W P.No.36890 of 2024 action against respondent No.4. Despite receiving and l acknowledging the said representation, respondent No.2 l did not act upon the same. Aggrieved by the said inaction of respondent No.2, petitioner filed the present writ petition. 4.

Whereas, Sri Srinivas Rao pachwa, learned Standing Counsel appearing for respondent Nos.2 anrl 3, on instructions, would submit that respondent No.2 \Miil consider the said representation dated 12.12.2024 submitted by the petitioner and take action against respondent No.4 strictly in accordance with the procedure laid down under the Greater Hyderabad Municipal Corporations Act, 1955 (for short .the Act, 1955,) by putting the petitioner and respondent No.4 on notice and affording them al opportunit5r of hearing.

5. In the light of the said submissions, this Writ. petition is disposed of directing respondent No.2 to consider the representation, dated 12.12.2024 submitted by the petitioner and take action against respondent No.4 strictly in accordance with the procedure laid down under the Act,

:/ KL,J W.P.No.36890 of 2024 1955, by putting the petitioner and respondent No'4 on notice and affording them an opportunity within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

As a sequel, miscellaleous petitions, if any, pending in the Writ Petition shall stand closed.

.NAGABHUSHAMBA REGISTRAR ANT SD'- P.CH ASS //TRUE COPY/'

ECTION OFFICER To,,$?5['fi 3Hi'.?:iJ%??;']ll{}i5:|::#:li:f l\'fi ittyJ'",.Deveropment 2 The Commissioner' o'";;; Hyderabad Municipal Corporation' Tank Bund I **:::n:, rhe Greater Hyderabad Municipar corporation, circre-rr' UPPal, HYderaoao 4 One CC to SRI M'SRIKANTH' Advocate' [OPUCI 6 Two CCs to GP FOR ft'fCpf- noft'fftf URBAN DEV' High Court for the State of Telangana lOU I I

6. One CC to SRI SRINIVAS PACHWA' SC FOR GHMC' IOPUCI

7. Two CD CoPies BSK PSK

HIGH COURT l DATED:3111212024 l I I I -A..\ I I tJ ,. i,, 'i I I I I ':.rr.

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ORDER

I WP.No.36890 of 2024 III l I DISPOSING OF THE WRIT PETITION WITHOUT COSTS s- ,t) t 2l \ ucep415