Mr. Desetty Irgadendla Narasimha v. The Commissioner
HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.45652 of 2018 ORDER:
1) Heard learned counsel for the petitioner and Sri Chatla Madhu, learned Standing Counsel for respondent Nos.1 and 2. With the consent of both parties, the writ petition is disposed of at the admission stage.
2) The present writ petition came to be filed seeking issuance of writ of mandamus declaring the action of respondent No.2 in proposing to grant construction permission to respondent No.3, without giving any notice and opportunity of hearing and without considering the representation/objection dated 07.09.2018, submitted by the petitioner, requesting respondent no.2 not to grant any permission to respondent No.3 over the petitioner's land admeasuring Acs.4.16 guntas in Survey No.194/1 bearing Municipal Nos.1-8-506/A, 1-8-506/B and 1-5-506/D, situated at Prakashnagar, Begumpet, Balanagar mandal, R.R.District, as arbitrary and illegal. 3) Though various grounds are raised, learned counsel for the petitioner restricts his prayer seeking a direction to the respondents - authorities to consider the representation/objection dated 07.09.2018, submitted by the petitioner requesting the authorities not to grant permission to respondent No.3 for construction over the land admeasuring Acs.4.16 guntas in Survey No.194/1 bearing Municipal No.1-8-
506/A, 1-8-506/B and 1-5-506/D, situated at Prakashnagar, Begumpet, Balanagar mandal, R.R.District.
4) Learned Standing Counsel would submit that if the said representation is still pending, the same would be considered in accordance with law.
5) Having regard to the above, the writ petition is disposed of directing respondent No.2 to consider the representation/objection dated 07.09.2018 made by the petitioner seeking not to grant permission to respondent No.3 for construction over the aforementioned property and pass orders in accordance with law, after hearing all concerned, as early as possible.
6) There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending if any, shall stand closed. _______________________________ JUSTICE C. PRAVEEN KUMAR Dt: 15.12.2018 vhb