Telangana High Court
WP/16880/2019 of Sriramnagar Colony Welfare Association Vs The Greater Hyderabad Municipal Corporation on 30 December 2021
DAY OF DECEI/BER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER WRIT PETITION NO: 16880 OF 2019 Between: Sriramna G. Trina 500050 gar Colony Welfare Association, Rep. by its General . Secretary t-h, Regd. Office at Sriramnagar Colony, Chandanagar, Hyderabad-
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HIGH COURT FOR THE STATE OF TELANGANA; AT HYDERABAD(Special Original J urisd iction)
THURSDAY. THE THIRTIETH DAY OF DECEI/BERTWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE DR. JUSTICE SHAMEEM [AKTHER]
WRIT PETITION NO: 16880 OF 2019
Between:Sriramnagar Colony Welfare Association, Rep. by its General . SecretaryG. Trinat-h, Regd. Office at Sriramnagar [Colony, Chandanagar, ][Hyderabad-]500050Sriramnagar Colony Welfare Association, Rep. by its General . SecretaryG. Trinat-h, Regd. Office at Sriramnagar [Colony, Chandanagar, ][Hyderabad-]500050
...PETITIONER
AND
1. The Greater Hyderabad l\,4unicipal [Corporation, Hyderabad ][rqp. by its]Commissioner, CC Complex, Tank [Bund Road, ][Lower ][Tank Bund, ][Hyderabad-]500063.
2. The Deputy Commissioner, [west Zone, Sherilingampally, Circle ][No ][21 ][,]Sherilinampally, Ranga [Reddy ][District.]Sherilinampally, Ranga [Reddy ][District.]3. The Assistant City [Planner, ][West Zone, Sherilinampally, Circle ][No. 21,]Sherilinampally, Ranga Reddy District.Sherilinampally, Ranga Reddy District.
4. The Assistant City Planner, [Greater Hyderabad ][l\,4unicipal ][Colporation, ][CC]Complex, Tank Bund Road, [Lower ][Tank Bund, ][Hyderabad-500063.]Complex, Tank Bund Road, [Lower ][Tank Bund, ][Hyderabad-500063.]
5. Kishore Varma Pothuri, [S/o. ][P. Narshima ][Raju, ][Aged ][about 56 years, ][Occ- ][RMP]Doctor, Ryo. H.No.2-107t2t1, [plot ][No.29, ][Sreeramnagar colony, ][Chandanagar,]S herilingampa [lly, ][R.R. ][District.]Doctor, Ryo. H.No.2-107t2t1, [plot ][No.29, ][Sreeramnagar colony, ][Chandanagar,]S herilingampa [lly, ][R.R. ][District.]
...RESPONDENTS
Petition under Arlicle 226 of the [Constitution ][of ][lndia ][praying ][that ][in ][the]circumstances stated [in ]the [affidavit filed therewith, ][the ][High Court may be pleased ][to]issue the writ of mandamus [or any other writs declaring ][the ][action of ][the ][respondents]in not stopping the unauthorised [and ][illegal construction based on ][the ][applications ][of]the [petitioner ]against the [respondent ][No.4 ][in ][the plot ][bearing ][No.28 ][and 30 ][and]consequently direct the respondents [to ][demolised ][the ][unauthorised, ][illegal]construction and take [necessary ][action ][against ][the ][official ][respondents ][who ][are]responsible for the [illegal construction of ][the ][5 ][floor ][building at ][the ][plot No. 28 and ][30]al Sreeramnagar colony, [Chandanagar, Sherilingampally, Rangareddy ][District,]
lA NO: 1 OF 2019
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 consider the application [submitted ][to ][the ][respondents ][by ][the]petitioner pending disposal of the above [writ ][petition.]
Petition under Section 15'l CPC praying that in the circumstances stated in theaffidavit filed in support of the petition, the High Court may be pleased to permit thepetitioner lo amend the cause title address of the respondent No. 5 by replacing thePlot No. 29 with Plot No. 28.
Counsel for the Petitloner: SRI THAKUR RATAN SINGHCounsel for the Respondent Nos.1 to 4: SRI SAMPATH PRABHAKAR REDDY,SC FOR GHIMC
counsel for the Respondent No.5: sRl ch.s.R.KRlsHNAM RAJU
The Court made the following: ORDER
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THE HON.BLE DT. JUSTICE SHAMEEM AKTHER
WRIT PETITION No.16880 OF 2019
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ORDER
This Writ Petition, under Article 226 of lhe Constitution ofInd ia,is filed by the petitioner, wherein the following prayer ismade:
"... to issue the writ of mandamus or any other writsdeclaring the action of the respondents in not stoppingthe unauthorised and illegal construction based on theapplications of the [petitioner ]against the respondent No.4in the plot bearing No.28 & 30 and consequently directthe respondents to demolish the unauthorised, lllegalconstruction and take necessary action against the officialrespondents who are responsible for the illegalconstruction of the 5 floor building at the plot No. 28 & 30at sTeeTamnagar co ony, Chandanagar, Sherilingampally,Rangareddy dist., and to [pass ]such other order or orders 2, Heard the learned counsel for both sides and [perused ]therecord.
3, The grievance of the petitioner is that though it made severalrepresentation s, alleglng violation of the building [permlssion ]byrespondent No.5 and seeking removal of the unauthorizedconstruction made by the respondent No.5 over the subjectproperty, no action has been taken so far.
4. Learned Standing Counsel for GHMC would submit that therepresentation, dated 18.02.2019, of the [petitioner ]would [be]examined and dealt with, in accordance with law.
5, The said submission of the learned Standing Counsel [for]GHMC is taken on record.
6. Since the respondent-corporation is contemplating to takenecessary action on the representation, dated 18.02.2019, of thepetitioner, in accordance with law, no orders are required to bepassed in this Writ Petition. However, it is made clear that therespondent-corporatio n shall complete the whole exercise within aperiod of three (3) months from the date of receipt oF a copy of thisorder.
7. With the above observations, the Writ Petition is disposed ofluliscellaneous Petitions, if any, pending in this Writ Petitionshall stand closed. There shall be no order as to costs.SD/.K.AMMAJIASSISTANT REGISTRAR//TRUE COPY//,[\,,.SECTION OFFICERTo,1 . The Greater Hyderabad Municipal Corporation, Hyderabad rep. by itsCommissioner, CC Complex, Tank Bund Road, Lower Tank Bund, Hyderabad-500063.2. The Deputy Commissioner, wesl Zone, Sherilingampally, Circle No. 21,Sherilinampally, Ranga Reddy District.3. The Assistant City Planner, West Zone, Sherilinampally, Circle No. 21,Sherilinampally, Ranga Reddy District.4. The Assistant City Planner, Greater Hyderabad I\,4unicipal Corporation, CCComplex, Tank Bund Road, Lower Tank Bund, Hyderabad-500063.5. One CC to SRI THAKUR RATAN SINGH, Advocate [OPUC]6. One CC to SRI SAMPATH PRABHAKAR REDDY, SC for GHI\4C [OPUC]7. One CC to SRI Ch,S.R.KRISHNAI\,{ RAJU, Advocate [OPUC]8. Two C.D. Copies.9. One Spare Copy.IV RCBS\ \-- DATED:3011212021
ORDERWP.No.16880 of 2019
DISPOSTNG OF THE [WRIT ][PETITION]WITHOUT COSTS\f,'),'),\
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