B.L.Nagar Owners Welfare Association v. The State Of Telangana

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.21824 OF 2016 ORDER:

Heard the learned counsel for the petitioner; learned Government Pleader for Municipal Administration and Urban Development, appearing for respondent No.1; learned Government Pleader for Revenue, appearing for respondent Nos.2 and 3 and Sri N.Praveen Kumar, learned Standing Counsel for Municipality, appearing for respondent No.4. With the consent of the counsel appearing for both parties, the present Writ Petition is disposed of at the admission stage.

2 . The present writ petition came to be filed with the following prayer:

"to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus:

(a) To declare the inaction of the respondents No. 3 and 4 in removing the illegal structures carried out in Common land of Ac. 0-14 guntas in Survey No. 17 of B.L.Nagar, Boduppal Village, Ghatkesar Mandal, Ranga Reddy District by fencing, by ignoring the directions of the Higher Officials including 2nd respondent is arbitrary and illegal.

(b) To declare the inaction of the respondent No.4 in preventing the illegal structures being carried out, without leaving setbacks as well as contrary to the approved Building Plan carried out in Plot No. 32 of Road No.1, B.L.Nagar, Boduppal Village, Ghatkesar Mandal, Ranga Reddy District as per the complaint dated 12-04-2016 and other constructions already taken up by encroaching the 30' feet wide road, for which Show Cause Notices were also issued by the Respondent No.4 is arbitrary and illegal and to pass such other order or orders appropriate in the case."

3. Though various grounds are raised in the writ petition, learned counsel for the petitioner restricts his prayer seeking a direction to the respondents to consider the representation dated 12.04.2016 made by the petitioner, at the earliest.

4. Learned Standing Counsel for Municipality submits that if the said representation is still pending consideration, the same will be dealt with, in accordance with law.

5. Having regard to the above, and without going into merits of the case, the Writ Petition is disposed of directing the respondents to consider the representation made by the petitioner and pass appropriate orders thereon, if the same is still pending consideration, in accordance with law, as early as possible preferably within a period of four (04) weeks from the date of receipt of a copy of this order after giving an opportunity of personal hearing to the petitioner.

Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs.

_______________________ JUSTICE C. PRAVEEN KUMAR Date:05.07.2016 INL