Telangana High Court

WP/21507/2012 of T. Naina Devi Vs The Commissioner of GHMC , at BRKR Bhavan, Hyderabad, on 31 December 2021

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THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER wRlT PETITION NO: 21507 OF 2012 Between: T. Naina Devi, W/o. Late T.Rajagopal, Age: 68 years, Occ: R/o:

HIGH COURT FOR THE STATE OF TELANGANA AT [HYDERABAD](Special Original Jurisdiction)

FRIDAY, THE THIRTY FIRST DAY [OF DECEMBER]TWO THOUSAND AND TWENTY ONE

PRESENT

THE HONOURABLE DR. JUSTICE SHAMEEM [AKTHER]

wRlT PETITION NO: 21507 OF [2012]

Between:

T. Naina Devi, W/o. Late T.Rajagopal, [Age: ][68 years, ][Occ:](Retd Dy. Collector),R/o: 12-13-826/2Al, Street [No.1i, ][Tamaka, Secunderabad]Hyderabad.

..,PETITIONER

AND

'1 . The Commissioner of GHMC, at BRKR Bhavan, Hyderabad

2. The Deputy Commissioner [of GHMC ][, ][L.B.Nagar ][Circle ][(' ][tast ][zone) ][at]

LB.Naqar, R.R.Dist, [[HYderabad]]

LB.Naqar, R.R.Dist, [[HYderabad]]3. i# id;ri [plinning oificer ][. ][GHtr/C ][.L B.Nagar ][Circle, (, ][East ][Zone)' ][at]

LB.Naoar. R.R.Dist, [HYderabad.]

+. [47.'ai'ririr,5); [N;i ][(n-o-wn ][to ][tnls petitioner, a-g9 M9ior, RJo ][Plot No ][66' ][Balaji]

r.tagaiColohy,Mansoorabad,L.B.Nagar,R.R.District. ...RESpoNDENTS ...RESpoNDENTS

Petition under [Article ][226 ][of ][the ][constitutlon ][of ][lndia ][praying ][that ][in ][the]circumstances stated [in ][the ][affidavit ][filed therewith, the ][High ][Court ][may be pleased ][to]issue a writ or order [or direction more particularly ][in ][the ][nature of ][writ ][of ][Mandamus]the [in action ][of ][the ][respondents ][No'1 to 3 ][in not taking any steps ][to ][stop the]declaring illegal constructions [on ][the ][complaint lodged ][by ][the ][petitioner ][Dt' ][13-06-2012 ][to ][the]2nd respondent [whereas ][the ][illegal constructions ][of the 4th ][respondent by ][violating]thesanctionedplanonplotNo.6gofaboveStatedlocationaregoingonwithoutanyset backs , except [constituted ][a file ][No.UC/83/LB3/EZIGHI\iIC ][is ][as ][illegal, ][uniust']arbitrary, violative [of ][Art' ][2,1 ], [principles ][of ][natural ][justice, and consequently direct ][the]respondentstotakeStepStodismantledtheirregular'illegalconstructionsofthe4thwithout [any ][set ][backs ][on ][the ][plot ][No ][69 ][Balaji ][Nagar ][colony]respondent t\/ansoorabad, L.B.Nagar' [forthwith, ][as early as expeditely']WPMP. NO: [2] 562 7[0F ][2012]

Petition under Section [151 ][CPC ][praying ][that ][in ][the ][circumstances ][stated ][in ][the]affidavit filed in support [of the ][petition, ][the ][High ][court ][may ][be ][pleased ][to ][direct ][the]respondents to take steps [to ][stop ][the ][any ][irregular ][, ][illegal constructions ][of the ][4th]respondent without any [set ][backs ][on the ][plot ][No ][69 ][Balaji ][Nagar ][colony]Mansoorabad, L.B.Nagar. [forthwith']Counsel for the [Petitioner: ][SRI' G.L. NARASIMHA ][RAo]

Counsel for the [Respondent ][Nos.1 ][to ][3: ][SRI ][SAMPATH ][PRABHAKAR ][REDDY']SC FOR GHMC

Counsel for the [Respondent No.4: ][SRI ][K' ][VENUMADHAV]

The Court made [the ][following: ][ORDER]

THE HON'BLE DT. JUSTICE SHAMEEM AKTHER

WRIT PETITION No,21507 OF 2012

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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 wrjt or order or direction more particularly in thenature of Writ of Mandamus declaring the inaction of therespondent Nos.1 to 3 in not taking any steps to stop the illegalconstructions on the complaint lodged by the petitionerDt.13.06.2012 to the 2,d respondent whereas the illegalconstructions of the 4th respondent by violating the sanctionedplan on plot No.69 of above stated location are going on withoutany set backs, except constituted a file No. UC/B3ILB3/EZ/GH MC isas illegal, unjust, arbitrary, violative of Art. 21 principles of naturaljustice and consequently direct the respondents to take steps todismantle the irregular, illegal constructjons of the 4th respondentwithout any set backs on the plot No.69, Balaji Nagar, Colony,lvlansoorabad, L.B, Nagar torthwlth as early as expeditiously andpass such other order or orders as are deemed fit and proper inthe interest of justice.,,

2. Heard the learned counsel for the petitioner, learned StandingCounsel for GHMC appearing for the respondent Nos.1 to 3, learnedcounsel for respondent No.4 and perused the record,

3. The grievance of the petitioner is that though he made arepresentation dated 13.06.2012 to the respondent No.2 allegingsome illegal constructions by the unofficial respondent No.4 over thesubject property, the same has not been disposed of yet.

4. Learned counser for the respondent No.4 wourd submit that ifat all the respondent No.4 has fired any BRS apprication in respect oFthe subject property, the same may be directed to be disposed of inaccordance with the governing rules and regulations.

i

5. There is no denial by the learned Standir.rg Counsel for GHMCwith regard to the submission of representation dated 13.06.2012 bythe petitioner. Admittedly, no action has been taken on the saidrepresentation.

6. Under these circumstances, respo nden t-co rporation is directedto dispose of the representation dated 13.06.2or2 of the petitioner,in accordance with law, aFter putting all the interested persons onnotice. Further, if there is any BRS application pending with regardto the subject property, the same also shall be considered beforedisposing of the representation dated 13.06.2012 of the petitioner.The whole exercise shall be completed within a period of three (3)months from the date of receipt of a copy of this order.

7. With the above observation/direction, this Writ petition isdisposed of.

Miscellaneous Petitions, if any, pending in this Writ petitionshall stand closed. There shall be no order as to costs.shall stand closed. There shall be no order as to costs.

HIGH COURT

DATED:31 1121202'l

ORDERW.P.No.21507 of 20'12

DISPOSING OF THE [WRIT ][PETITION]WITHOUT COSTS

...'?,/t-

'^R1HE [Sr4]14:(:.)O [B ][FEE ][IN'?]\l .!.;

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