Telangana High Court
WP/28676/2008 of Vikram Chandra Sanyasi Raju Vs Municipal Council, on 30 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 28676 of 2008 Between: Vikram Chandra Sanyasi Raju s/o. Late Raja
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADAWRIT PETITION NO : 28676 of 2008
Between: Vikram Chandra Sanyasi Raju s/o. Late Raja LakshminarasimhaSanyasi Raju R/o. Kota Veedhi, Salur, Vizianagaram District.
..... PETITIONER
AND
1 Municipal Council, Salur Municipality, Salru, Vizianagaram District, rep. by its Chairman. rep. by its Chairman.
2 The Commissioner, Salur Municipality, Salru, Vizianagaram District.
.....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to issue a writ, order or direction more particularly a writ in thenature of Writ of Mandamus declaring the action of the respondents in notacting on the representation filed by the petitioner dated 25.11.2008 inrespect of the property admeasuring an extent of Acs.0-38 cents fallingu n d e r Salur Municipality and not removing the illegal structuresconstructed in the said site without obtaining permission, as bad, illegal,arbitrary and oppose to law, and pass Counsel for the Petitioner:MR.M.VIDYASAGAR
Counsel for the Respondent No.: MR.S.NAGESWARA REDDY
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ORDER
The petitioner approached this Court and filed the present writ petition with the following prayer:
“For the reasons stated in the accompanying affidavit, it isprayed that the Hon’ble Court may be pleased to issue a writ, orderor direction, more particularly a writ in the nature of writ ofMandamus declaring the action of the respondents in not acting onthe representation filed by the petitioner dated 25.11.2008 in respectof the property admeasuring an extent of Acs.0-38 cents fallingunder Salur Municipality and not removing the illegal structuresconstructed in the said site without obtaining permission, as bad,illegal, arbitrary and oppose to law and pass such other order ororders as the Hon’ble Court may deem fit and proper”.
It is the case of the petitioner that he belongs to Zamindarifamily of Salur estate. The entire properties of Salur estate wereunder the management of the Court of Wards. The petitioner inductedtenants in an extent of Ac.0-38 cents, in which they have beenrunning petty business by constructing permanent structures withoutobtaining necessary permission from the Municipality. Though heprevented them from making such constructions, they paid deaf ear.
The petitioner made several representations before the 2[nd]respondent, but he did not take any action, instead he is taking stepsto issue property tax demand notices recognizing the tenants asowners of the said property. Therefore, the petitioner made arepresentation to the 1[st] respondent on 25.11.2008 informing aboutthe illegal action of the 2[nd] respondent in trying to regularize theillegal encroachments, but in vain. Hence, the present writ petition.
Having heard the learned counsel for the petitioner and thelearned Standing Counsel for Municipalities, this writ petition can be disposed of at the admission stage.
Accordingly, this writ petition is disposed of directing the 1[st]
respondent to consider the representation submitted by the petitioneron 25.11.2008 and pass necessary orders within a period of sixweeks from the date of receipt of a copy of this order. No costs.
__________
30-12-2008
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