Rakshith Residency Flat Owners Welfare Association v. The Greater Hyderabad Municipal Corporation

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 39585 of 2018 ORDER:

The present writ petition came to be filed seeking issuance of writ of mandamus declaring the action of the respondents No.1 and 3 in not demolishing shop Nos. 1, 2 and 3 of Rakshith Residency, Plot No.6/ 2, Officers Colony, Sainathapuram, ECIL Post, Hyderabad, owned by the unofficial respondents herein, as illegal, arbitrary and improper.

2.

It is to be noted that earlier, the unofficial respondents 7 to 9 herein filed W.P.No. 36438 of 2018 and batch challenging the action of the official respondents in rejecting their request for regularization of the shops in question. Challenging the same, the unofficial respondents filed appeals before the Appellate Committee. Basing on the representation made earlier, though the said appeals were directed to be disposed of within a period of three months. Hence, no steps were taken by the official respondents, this Court directed the Standing Counsel for Greater Hyderabad Municipal Corporation to find out the status of the appeals, if any, filed by the unofficial respondents. 3.

Today, the learned Standing Counsel for Greater Hyderabad Municipal Corporation placed on record the proceedings dated 27.12.2017 issued by the Secretary to Government, Municipal Administration and Urban Development Department, wherein it is stated that the Appellate Committee rejected the request of the

unofficial respondents, and that the recommendations of the Appellate Committee were furnished to the Principal Secretary, Municipal Administration and Urban Development Department. Further, the Director of Municipal Administration was requested to inform the appellants/ unofficial respondents accordingly (except Appeal No.25).

4.

In view of the orders passed by the Secretary to Government in Memo No. 6319/ Plg.II(1)/ 2016, dated 27.12.2017, the Standing Counsel would submit that necessary action would be taken by the authorities concerned, at the earliest.

5.

Having regard to the above, the authority concerned shall take steps in accordance with law, with regard to the demolition of shop Nos. 1, 2 and 3 of Rakshith Residency, Plot No.6/ 2, Officers Colony, Sainathapuram, ECIL Post, Hyderabad, as early as possible, preferably, within a period of six to eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. _________________________ JUSTICE C. PRAVEEN KUMAR 13.11.2018 DMG