Telangana High Court
WP/28477/2008 of Mohd. Jahangir Ali Vs The Government of A.P. on 29 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 28477 of 2008 Between: Mohd. Jahangir Ali S/o. Mohd. Yousuf Ali R/o. H.No.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENTTHE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADAWRIT PETITION NO : 28477 of 2008
Between:
Mohd. Jahangir Ali S/o. Mohd. Yousuf Ali R/o. H.No. 16-7-768, Chaderghat, Hyderabad.
AND
..... PETITIONER
1 The Government of A.P. Department of Municipal Administration &Urban DevelopmentUrban Development Secretariat Building, Secretariat, Hyderabad.
2 The Greater Municipal Corporation Rep. by its Commissioner Hyderabad. Hyderabad.
3 The Asistant City Planner Circle No. IV, South Zone Greater Hyderabad Municipal Corporation, Hyderabad. Greater Hyderabad Municipal Corporation, Hyderabad.
.....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 to issue a Writ or Order or Direction, more particularly one inthe nature of Writ of Mandamus questioning the in-action on the part of therespondents in considering the representation dated 4-12-2008 andpassing appropriate orders granting necessary permission in respect ofthe premises bearing No. 16-7-768, situated at Chaderghat, Hyderabad,in pursuance of the orders passed in W.P.No. 25841/2008 dated 26-11-2008 of the Hon'ble High Court of A.P. as arbitrary, illegal and violative ofArticles 14, 21 and 300 - A of the Constitution of India and consequentlydeclare the proceedings in letter No. 768/A.C.P/C4/RW/G.H.M.C./2008dated 8-12-2008 issued by the 3rd respondent directing the petitioner tostop the construction activity in premises bearing No. 16-7-768 situated atChaderghat as null and void.
Counsel for the Petitioner:MR.P.KESAVA RAO
Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. &URBAN DEV.
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ORDER
On an earlier occasion, the petitioner earlier approached thisCourt and filed writ petition No.28478 of 2008 and the same wasdisposed of in the following manner.
“As it is submitted by the learned counsel for the petitionerthat the petitioner is only attending the patchwork, but not authorizedconstruction, he may approach the respondent Corporation by producingthe approved plan, dated 24.2.1977, and after obtaining necessarypermission, he may complete the required construction/patchwork.”
Despite the fact that the petitioner approached the authorityand gave a representation annexing the building plan dated 24.2.1977,the respondents are interfering with the construction/patchwork,which is being made by the petitioner and hence, he approached thisCourt and filed the present writ petition.
Having heard the learned counsel for the petitioner and thelearned Standing Counsel, this Court is of the view that this writpetition can be disposed of at the admission stage in the followingmanner.
The petitioner is hereby directed to submit a revised planwithin a period of 10 days from the date of receipt of a copy of thisorder, with all necessary documents establishing the title etc., andwhen such a revised plan is submitted, the respondent-authoritiesmay consider the same keeping in mind the provisions of theHyderabad Municipal Corporation Act and pass necessary orderswithin a period of two weeks thereafter. Pending consideration of thesame, the petitioner shall not proceed further with any sort ofconstruction and the respondents also shall not cause anyinconvenience to the petitioner.
Writ petition is accordingly disposed of. No costs.
Note: Issue CC by 10 days.(B.O)rkk
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29-12-2008