Sri Shyam Sunder Loya v. The State Of Telangana

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 17090 of 2016 ORDER:

Heard learned counsel for the petitioner, Government Pleader for Municipal Administration and Urban Development, and Sri N.Ashok Kumar, Standing Counsel for G.H.M.C. There is no necessity to put the unofficial respondent on notice as this Court is not venturing to adjudicate the issue on merits.

The present writ petition came to be filed seeking issuance of writ of mandamus declaring the action of respondent Nos.1 to 4 in not considering the petitioner's representations dated 04.04.2016, 27.04.2016 and 04.05.2016 made by the petitioner against the illegal and un-authorised construction made by respondent No.4 without leaving set backs in the premises bearing H.No.14-2-192/1 situated at Gyanbagh Colony, Shah Inayathgunj, Hyderabad as illegal, arbitrary and violative of principles of natural justice.

The learned Standing Counsel for G.H.M.C. on instructions states that pursuant to the representation made by the petitioner, the municipality had issued a notice on 07.05.2016 under section 452 of G.H.M.C.Act and thereafter the alleged un-authorised constructions are demolished by the un-official respondent. The same is disputed by the learned counsel for the petitioner, stating that the deviation made still exist.

Having regard to the facts and circumstances of the case

and without going into the merits of the case, the present writ petition is disposed of, permitting the petitioner to give a fresh representation bringing to the notice of the respondent authorities with regard to the existence of deviations, in which event the same shall be dealt with in accordance with law after hearing all the concerned. No order as to costs.

Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

_________________________ JUSTICE C. PRAVEEN KUMAR 02.06.2016 gkv