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High Court for State of TelanganaWP/20806/2015disposed of no costs

Malyala Seepathi v. The State Of Telangana,

2015-07-13P Naveen Rao4 pages

HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 20806 of 2015 Date : 13-07-2015 Between :

Malyala Seepathi S/o Rajaiah R/o H No. 6-422, Ward No. 21, Mancherial, Adilabad dist Petitioner And The State of Telangana, Rep by its Prl Secretary (Municipal Admn) Secretariat, Hyderabad and others Respondents The Court made the following:

HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 20806 of 2015 ORAL ORDER:

This writ petition is filed questioning the action of the second respondent in not taking action against the illegal construction being undertaken by third respondent at H No. 6-421, Ward No.21, Mancherial, Adilabad pursuant to his complaint dated 26.5.2015 as illegal.

2. Heard the learned counsel for petitioner and learned standing counsel for third respondent and with their consent the writ petition is taken up for disposal at the stage of admission.

3. Petitioner claims to be owner and possessor of house bearing No. 6-422, Ward NO.21, Mancherial, Adilabad district and his sole grievance is that third respondent who is his neighbor started further construction on first floor of his building bearing No. 6-421, Ward NO.21, Mancherial, Adilabad district without leaving any set backs and without obtaining any permission from the municipal corporation.

Petitioner alleges that pursuant to his complaint, third respondent has submitted letter dated 23.1.2015 to second respondent undertaking to remove the unauthorized construction but has not complied with the same. As such petitioner made a further complaint on 26.5.2015 to the second respondent and no orders are passed thereon and the same is pending.

4. When the matter is taken up, both counsel agreed for disposal of the writ petition with a direction to second respondent to expeditiously dispose of the complaint of the petitioner dated 26.5.2015.

5. Having regard to the same, without expressing any opinion on the merits of the matter, writ petition is disposed of directing the respondents to consider the complaint of the petitioner dated 26.5.2015 and pass appropriate orders as warranted under law within a period of six weeks from the date of receipt of copy of this order and communicate the decision to the petitioner. It is needless to mention that prior notice and opportunity of hearing be afforded to third respondent. No costs. Having regard to the same, miscellaneous petitions, if any pending, are closed. ______________ P NAVEEN RAO,J DATE:13-07-2015 TVK

HONOURABLE SRI JUSTICE P. NAVEEN RAO

WRIT PETITION No. 20806 of 2015 Date : 13-07-2015 Tvk