Telangana High Court
WP/46670/2022 of Gurram Prabhakar Reddy Vs The State of Telangana And 2 Others on 30 December 2022
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO:46670 OF 2022 Between: Gurram Prabhakar Reddy, S/o. Late G.Ramreddy, Aged
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HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)
FRIDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO:46670 OF 2022
Between:
Gurram Prabhakar Reddy, S/o. Late G.Ramreddy, Aged about42 years, Occ.Business, Rlo. H.no.2-4411, lnjapur Village, Abdullapurmet Mandal, RRDistrict
...PETITIONER
AND
1. The State of Telangana, Rep. by its Principal Secretary, MunicipalAdministration and Urban Department, Secretariat Building, Secretariat,Hyderabad, Telangana.Administration and Urban Department, Secretariat Building, Secretariat,Hyderabad, Telangana.
2. The Hyderabad Metropolitan Development Authority, Swarna JayantiComplex, Sanjeeva Reddy Nagar, Srinivas Nagar, Ameerpet, Hyderabad-500038.Complex, Sanjeeva Reddy Nagar, Srinivas Nagar, Ameerpet, Hyderabad-500038.
3. M/s Veteran Properties Pvt, Ltd., Rep. by its managing director Sri. AmitAhuja S/o SK Ahuja, Aged about 39 years, Having its registered office atH.No.'1-4'111, Street No.2, Gachibowli, Hyderabad - 500034.Ahuja S/o SK Ahuja, Aged about 39 years, Having its registered office atH.No.'1-4'111, Street No.2, Gachibowli, Hyderabad - 500034.
...RESPONDENTS
Petition under Article 226 of lhe Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may becircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue writ, order or direction more particularly in the nature of writ ofMandamus (i)Declaring the action of the Respondents, more pa(icularlyRespondent no.2 in attempting to release the final layout in pursuance of L.P.No.000192/LO tPlglHUDl2l21 dated 17104t2021 without considering the objectionsraised by the Petitioner through notice dated 2811112022 as being illegal, arbitrary,unjust and against section 22 of the Hyderabad Metropolitan DevelopmentAuthority Act, 2008 and (ii)Consequently, direct to Respondent no.2 not to releasethe final layout in pursuance of L.P. No.000192/LOlP1glHMD12021 dated1710412021 without consldering the objections raised by the Petitioner vide noticedated 2811112022.Respondent no.2 in attempting to release the final layout in pursuance of L.P.No.000192/LO tPlglHUDl2l21 dated 17104t2021 without considering the objectionsraised by the Petitioner through notice dated 2811112022 as being illegal, arbitrary,unjust and against section 22 of the Hyderabad Metropolitan DevelopmentAuthority Act, 2008 and (ii)Consequently, direct to Respondent no.2 not to releasethe final layout in pursuance of L.P. No.000192/LOlP1glHMD12021 dated1710412021 without consldering the objections raised by the Petitioner vide noticedated 2811112022.
lA NO: 1 OF 2022
Petition under Section ['l ]51 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased to directthe Respondent no.:2 not to release final layout in [pursuance ]of L.P.No. 000 1 92lLO I Plgl HMD I 2021 dated 17 I 04 I 2021 .
Counsel for the Petitioner: SRI L.VANICounsel for the Respondent No.1: GP FOR MCPL ADMN AND URBAN DEVCounsel for the Respondent No.2: M/s. D.MADHAVI, SCCounsel for the Respondent No.3: - The Court made the following: ORDER
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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION No.4667O of 2A22
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ORDER:
The writ petition is filed seeking the following reliei
Conclusion
"... to issue writ, order or direction more particularly in the nature of writof Mandamus: (i) Declaring the action of the Respondents moreparticularly Respondent no.2 in attempting to release the final layout inpursuance of L.P.No.OO0192/LO/Plg/HMD/2021 dated 17.04-2021without considering the objections raised by the Petitioner through noticedated 28.11.2022 as being illegal, arbitrary, unjust and against section22 of the Hyderabad Metropolitan Development Authority Act, 2008 and(ii) Consequently direct to Respondent no.2 not to release the final layoutin pursuance of L.P.No.O00192/LO /P1,g/HMD /2021 dated L7.04.2021without considering the objections raised by the Petitioner vide noticedated 28. 1 I .2022 and ....." .
2.
2. Ms. L. Vani, learned counsel for the petitioner submits that thepetitioner got issued a legal notice to the respondents on 28.11.2022 notrelease the final layout in pursuance of L.P.No.000192 /In /PIg/HMD /2021,dated. 17.04.2021 without considering the objections raised by the petitioner 'I'According to the petitioner, the representation is on 28.11.2022 and th^erespondents have not considered the objections of the petitioner and it [is]submitted that there shall be a direction to the respondents to consider thesaid objections.
3. Ms. D. Madhavi, Iearned stand.ing counsel for the respondentHMDA submits that this writ petition is a pre-mature one and there is [no]cause of action for the petitioner to come before this court as the [prayer ]thatis sought by the petitioner is that before issuing the final layout, [their]
have [to ][be considered ][by the ][respondents ][and, ][so ][far ][they ][have]objections not issued. the final layout. [In ][view ][of the ][same, ][this ][court ][do ][not find ][any]ground to pass any orders' [The ][petitioner is ][always ][at ][liberty ][to question any]order that is passecl by [the ][respondents.]
4Accordingll-, the writ [petition ][is ][disposed ][of. ][There ][shall ][be ][no]order as to costs.
The Mis<:ellaneous Applications, [if any shall ][stand]automatically closed.
sD/-K.vENKATAH /ASSISTANT REGISTRAR ///TRUE COPY//u'SECTION OFFICER
To
1. The Principal Secretary, Municipal Administration and Urban Department,Secretariat Building, Secretariat, Hyderabad, State of Telangana.Secretariat Building, Secretariat, Hyderabad, State of Telangana.2.The Hyderabad Metropolitan Development Authority, Swarna Jayanti\Complex, Sanjeeva Reddy Nagar, Srinivas Nagar, Ameerpet, Hyderabad-500038.500038.
Two CCs to GP FOR MCPL ADMN AND URBAN DEV, High Court for theState of Telangana, at Hyderabad. [OUlState of Telangana, at Hyderabad. [OUl One CC to SRI L.VANI, Advocate [OPUC][OPUC]
4
One CC to SRI D.MADHAVI, SC IOPUCITwo CD CopiesTwo CD Copies 6PSK. /LS c-rl II
CC TODAY
HIGH COURT
DATED:3011212022
S'TATd,,to1? [l[ll ][1[8]ORDERL.\-:' ,,',:: [,.,].,f*WP.No.46670 ,tt 2022 oegrgic DISPOSING OF THE WRIT PETITIONWITHOUT COSTS.
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