Telangana High Court
WP/15151/2014 of Jal Vayu Vihar House Owners Welfare Association, Vs The Commissioner, on 31 December 2021
THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HON,BLE DT, JUSTIGE SHAMEEM AKTHER WRIT PETITION NO: 15151 OF 2014 Between: {al layu .Vihar House Owners Welfare Association, Represented by its
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD(Special Original J urisdiction)
FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY ONE
PRESENT
THE HON,BLE DT, JUSTIGE SHAMEEM AKTHER
WRIT PETITION NO: 15151 OF 2014
Between:
{al layu .Vihar [House ][Owners Welfare ][Association, Represented ][by ][its]President,_lVr J.V.R. Murthy, Cdr.,(Retd.,), Son of late J.S.Mobrthy, aged dbout64 years, Resident of DU 664, Jal Vayu Vihar, KukatpallV, HVderabf;;5r!?,8.n?i*
AND
1The Commissioner, Greater Hyderabad Municipal Corporation, C.C.Complex,Tank Bund Road, Hyderabad - 29.Tank Bund Road, Hyderabad - 29.
2The Zonal Commissioner, West Zone, Sy.No.25A, Near e-Seva Center, GreaterHyderabad Municipal Corporation, Serilingampally, Hyderabad.Hyderabad Municipal Corporation, Serilingampally, Hyderabad.
3llltq [N1.9S"1, ][Gayatri, ][Wife ][of ][M.S.Ramakrishna ][Raju, ][Presently ][resident ][of]H.No.330, Jal Vayu Vihar, Kukatpally, Hyderabad-500.d85.H.No.330, Jal Vayu Vihar, Kukatpally, Hyderabad-500.d85.
...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may be pleasedto issue a Writ, order or direction more particularly one in the nature of Writ ofto issue a Writ, order or direction more particularly one in the nature of Writ ofMandamus, declaring the action of the respondents in granting building permissionto the 3rd respondent vide Permit No.32953/DCMZC\T-1412014 dated 24.03.2014,to the 3rd respondent vide Permit No.32953/DCMZC\T-1412014 dated 24.03.2014,is arbitrary, illegal and contrary to the Bye-Law of the Petitioner Association which isregistered under the Societies Act and consequently direct the 3rd respondent not toproceed with the construction.registered under the Societies Act and consequently direct the 3rd respondent not toproceed with the construction.
WPMP. NO: 1 8773 0F 2014
Petition under Section 15'1 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased to stay allfurther proceedings including construction of building i.e., DU 300 situated at JalVayu Vihar, Kukatpally, Hyderabad, pending disposal of the Writ petition.
WPMP. NO:21484 OF 2014
Petition under section 151 cPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High court may be pleased to amend the prayer in the wr I Petition by substituting are as follows: "to issue a writ ofMandamus, order or any other appropriate drrection declaringpermit.No.32953lDCl\,lZCir-1412014 dated.24-3-2014 issued 2ndby the Respondent as illegal arbitrary, ultravires provisions of GHMC Act, 1955, A.p. UrbanAreas (Development) Act, 1975 and A.P. Societies Registration Act,2001 and therules made there und€ r respectively.
Counsel for the Petiti rner: SRI S. S. REDDYCounsel for the Resp ,ndent Nos. 1 & 2: SRI SAMPATH PRABHAKAR REDDY, S.C, FOR GHMC
Counsel forthe Resp )ndent No.3: SRI A. RAVINDER REDDy The Court made the f, rllowing: ORDER
I
THE HON'BLE DT. JUSTICE SHAMEEM AKTHER
WRIT PETITION No.1151 0F014
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ORDER
This Writ Petition, under Article 226 of the Constitution of India,is filed by the petitioner, wherein the following prayer is made:
"...to issue a Writ, order or direction more particularly one inthe nature of Writ of Mandamus declaring the action of therespondents in granting building permission to the 3.drespondent vide Permit No.3 295 3/DC/WZ/Cir-ta/2014,dated 24.03.2014 is arbitrary, iliegal and contrarV to theBye-Law of the Petitloner Association which is registeredunder the Societies Act and consequently direct the 3.drespondent not to proceed with the construction and passsuch other order or orders..."
2. Heard the learned counsel For the petitioner, learned StandingCounsel for GHMC appearing for the respondent Nos.1 and 2, learnedcounsel for respondent No.3 and perused the record.
3. Learned counsel for the petitioner would submit that thepermission accorded to the unofficial respondent No,3 to construct abuilding in the subject propefty has elapsed.
4. It is brought to the notice of this Court by the learned StandingCounsel for GHMC that no construction was made over the subjectproperty.
5. In view of the submissions made by both sides, the cause inthe writ petition does not survive for adjudication.the writ petition does not survive for adjudication.
6. Accordingly, this Writ Petition is dismissed as infructuous.
Miscellaneous Petitlons, if any, pending in this Writ petition shall stand closed. There shail be no order as to costs.
SD/.K.AMMAJIASSISTANT REGISTRAR\t/SECTION OFFICER
//TRUE COPY//
To,1. One CC to SRI S. S. REDDY, Advocate IOPUCI2. One CC to SRI SAMPATH PRABHAKAR REDLJY, S.C. fOT GHIMC 3. One CC to SRI A. RAVINDER REDDY, Advocate tOpUClTOPUC]4. Two CD Copies.5. One Spare Copy.MP
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HIGH COURT
DATED:31 11212)21
ORDERWP.No.15151 [r ]fi 2014
,.1$E [srA]i4:ornq(.5fJ15 ti3 [2022]-4.\'",tr'; .' [. ]ra DISMISSING [''HE ]WRIT [PETITION ][AS ][INFRUCTUOUS]WITHOUT CO STS
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