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High Court for State of TelanganaWP/3728/2015disposed of no costs

S. Devender Reddy v. The State Of Telangana

2015-03-25A.Rajasheker Reddy5 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND FIFTEEN :PRESENT:

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WP .NO:3728 of 2015 Between:

S. Devender Reddy S/o. Jai Hind Reddy, R/o Plot No. 16, Lotus Pond Colony, Kanojiguda, Alwal, R.R.District.

..... Petitioner AND 1 The State of Telangana, Through its Secretary for Municipal Administration, Secretariat, Hyderabad.

2 The Greater Hyderabad Municipal Corporation, Rep. by its Commissioner, Office at Tank Bund, Hyderabad.

3 The Deputy Commissioner, GHMC Circle No.16, Alwal, Hyderabad, R.R. District.

4 T.S.Prakash S/o. T.Sivaiah, R/o Plot No. 7, Gopal Rao Colony, Trimulgery, Secunderabad.

5 Smt S.V.Jaya Shree W/o Vinod Kumar, R/o Flat No. 501, Sri Krishna Palace, Plot No. 150, Vasavi Nagar, Karkhana, Secunderabad. 6 T.S.Padma Shree W/o T.Srinivas Gupta, R/o Flat No. 302, Gowthami Apartment, Gowtamnagar, Malkajgiri, Secunderabad. Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue writ of Mandamus or any other appropriate writ or direction declaring the inaction of the respondent Nos. 2 and 3 to stop the demolish the illegal and unauthorized construction being carried by the respondents No.4 to 6 in the Inam Land Sy.No.362 extent Ac.1-20 Gts situated at Kanojiguda, Alwal, R.

R District, in respect of which the matter as to grant of ORC is Under adjudication, illegal, arbitrary, unconstitutional and violative of principles of natural justice, and consequently, the Respondent Nos.2 and 3 may be directed to stop and demolish the illegal and unauthorized construction being carried by the respondent Nos.

W.P.M.P.No.4937 OF 2015 Petition under Section 151 of C.P.C. Praying that in the circumstances stated in the affidavit filed in W.P. the High Court may be pleased to direct the respondent No.2 and 3 to forthwith take action to stop the illegal and unauthorized construction being carried by the respondents No.4 to 6 in the Inam Land survey No.362 extent Ac.1-20 guntas situated at Konojiguda Alwal R.R.District, pending disposal of WP No. 3728 of

2015 on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the arguments of SRI MOHD. GHULAM HUSSAIN Advocate for the Petitioner, learned Government Pleader for Municipal Administration and Urban Development (T.G.) for Respondent No.1, and of Smt.A.Deepthi, learned Standing Counsel for G.H.M.C., for Respondent Nos. 2 & 3, the Court made the following:

ORDER:

Smt.A.Deepthi, learned Standing Counsel for G.H.M.C. - respondents 2 and 3, seeks time for getting instructions.

Post after ten days in Motion List.

Meanwhile, the official respondents to ensure that the unofficial respondents shall not make any construction without any valid permission. ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The Secretary for Municipal Administration, State of Telangana, Secretariat, Hyderabad.

2 The Commissioner, Greater Hyderabad Municipal Corporation, Office at Tank Bund, Hyderabad.

3 The Deputy Commissioner, GHMC Circle No.16, Alwal, Hyderabad, R.R. District.

4 T.S.Prakash S/o. T.Sivaiah, R/o Plot No. 7, Gopal Rao Colony, Trimulgery Secunderabad.

5 Smt S.V.Jaya Shree W/o Vinod Kumar, R/o Flat No. 501, Sri Krishna Palace, Plot No. 150, Vasavi Nagar, Karkhana, Secunderabad. 6 T.S.Padma Shree W/o T.Srinivas Gupta, R/o Flat No. 302, Gowthami Apartment, Gowtamnagar, Malkajgiri, Secunderabad. (1 to 6 BY RPAD) 7 One CC to SRI MOHD. GHULAM HUSSAIN, Advocate (OPUC). 8 Two CCs to GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (T.G.), HIGH COURT, HIGH COURT BUILDINGS, HYDERABAD (OUT).

9 One spare copy.

SRL

HIGH COURT ARRJ DATED: 23.02.2015 NOTE: POST AFTER TEN DAYS IN MOTION LIST.

ORDER

W.P.NO. 3728 OF 2015

DIRECTION HIGH COURT Drafted by: SRL Date of Drafting : 25.02.2015 ARRJ DATED: 23.02.2015 NOTE: POST AFTER TEN DAYS IN MOTION LIST.

ORDER

W.P.NO. 3728 OF 2015 DIRECTION