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High Court for State of TelanganaWP/9966/2016disposed of no costs

Mohd. Jeelani, S/O. Mohd. Omer, v. The Grater Hyderabad Municipal

2016-03-29Sanjay Kumar2 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.9966 of 2016 ORDER:

Heard Sri Arun Kumar Doddla, learned counsel for the petitioner, and Sri P. Keshava Rao, learned Standing Counsel for the first respondent - Greater Hyderabad Municipal Corporation. The prayer of the petitioner in this case is as under: "...That this Hon'ble Court may be pleased to issue WRIT OF MANDAMUS, order or orders, direction or directions declaring the action of the Respondents in not acting on the representation of the Petitioner Dt. 05-11-2015 and in not initiating any suitable action in accordance with law, in respect of the lands of the Petitioner to an extent of Ac.11.32 Gts, Sy. No. 317, of Shaikpet Village, Golconda Mandal, Hyderabad District, as illegal, arbitrary and unconstitutional and consequently direct the Respondent to forthwith act on the representation of the Petitioner Dt.

05-11-2015 and initiate suitable action in accordance with law, in respect of the lands of the Petitioner to an extent of Ac.11.32 Gts, Sy. No. 317, of Shaikpet Village, Golconda Mandal, Hyderabad District and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case." It appears that the petitioner made representation dated 04.11.2015 to the Commissioner, Greater Hyderabad Municipal Corporation, the first respondent, and the same is pending consideration.

As the representation dated 04.11.2015 made by the petitioner is yet to be acted upon, it is for the authority concerned to apply its mind to the said representation and take action thereon, if warranted, in accordance with the due procedure. In this exercise, the authority would necessarily have to give an opportunity of hearing to all the parties who would be affected by any decision taken upon the petitioner's representation.

Adhering to this procedure, the first respondent shall duly consider the petitioner's representation dated 04.11.2015 and take appropriate action in the matter, if warranted, in accordance with law. This exercise shall be completed expeditiously and in any event, not later than four weeks from the date of receipt of a

copy of this order.

The writ petition is disposed of with the above directions. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

____________________ JUSTICE SANJAY KUMAR 29.03.2016 GJ