Telangana High Court

WP/17366/2014 of D. Chakraiah, Vs The Government of Telangana, on 31 December 2021

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THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEIVBER TWO THOUSAND AND TWENTY ONE PRESENT THE HON,BLE DT. JUSTICE SHAMEEM AKTHER WRIT PETITION NO.17366 oF 2014 Between: D. Chakraiah, S/o. lale D. Ra APSRTC, R/o. C-3,381, HUD ghavaiah, aged

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

FRIDAY, THE THIRTY FIRST DAY OF DECEIVBER

TWO THOUSAND AND TWENTY ONE

PRESENT

THE HON,BLE DT. JUSTICE SHAMEEM AKTHER

WRIT PETITION NO.17366 oF 2014

Between:

D. Chakraiah, S/o. lale D. Raghavaiah, aged about 58 years, Occ: Emolovee inAPSRTC, R/o. C-3,381, HUDA Cotony, Chandanagar, Hyderibad-soo dsb' [- ][-]APSRTC, R/o. C-3,381, HUDA Cotony, Chandanagar, Hyderibad-soo dsb' [- ][-]

, ..PETITIONER

AND

1. The miGovernment stration, Telangana of TelanSecretariat, gana, rep. Hyde rabad.by its Prl.Secretary, Municipal

2. The Greater Hvderabad l\rrunicipar corporation, rep. by its commissioner, HeadOffice, Tank BJnd Road, nyOer5OiO.- [-- ][-"- ][']Office, Tank BJnd Road, nyOer5OiO.- [-- ][-"- ][']3. The Zonal commissioner, seriringampaily Municiparity, at Seriringampaily, R.R.District.District.

4. The. Deputy .Commissioner, GHIVC. Serilinoampally Zone. Circle No. 12, atSerilingampally, R.R. District.The. Deputy .Commissioner, GHIVC. Serilinoampally Zone. Circle No. 12, atSerilingampally, R.R. District.

5. D. Rama Krishna, S/o. late D in BHEL, R/o. C-3/part, 381," Raghavaiah, aged about HUDA C5rony, R.i.Fi,;r",',.'-C.-r,-i,iiuiusr,.,60_years, Occ: employedHyderabad.,..RESPONDENTSin BHEL, R/o. C-3/part, 381," Raghavaiah, aged about HUDA C5rony, R.i.Fi,;r",',.'-C.-r,-i,iiuiusr,.,60_years, Occ: employedHyderabad.,..RESPONDENTS

Petition under Articre 226 of rhe constitution of rndia 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 inaction of the 3rd respondent in taking action on thepetitioner's representation dated '1g.06.2014 as illegal, arbitrary and unjust andconsequently direct the Respondents 1 to 4 herein to inspect the illegal constructionconsequently direct the Respondents 1 to 4 herein to inspect the illegal constructionmade by the sth respondent at premises bearing H.No. c-3, 3g1, HUDA corony,chandanagar, Hyderabad-SO0 050, verify whether the sth respondent had obtainedany permission at all for the construction of the house and lf it is found that it is anout and out illegal construction without any sanctioned plan, the respondent Nos. 1lo 4 may be directed to demolish the same forthwith.chandanagar, Hyderabad-SO0 050, verify whether the sth respondent had obtainedany permission at all for the construction of the house and lf it is found that it is anout and out illegal construction without any sanctioned plan, the respondent Nos. 1lo 4 may be directed to demolish the same forthwith.

WPMP. NO: 21 7420F 2014

Petition under section 1s1 cpc praying that in the circumstances stated inthe affidavit filed in support of the petition, the High court may be pleased to direct V

the 3rd respondent lerein to submit the action taken report on the petitioner,srepresentation dt.18.0 ).2014 pending disposar of the above writ petition.representation dt.18.0 ).2014 pending disposar of the above writ petition.

Gounsel for the Petiti, rner: SRI S. SHARAT KUMAR

counsel for the Respr,ndent No.1: Gp FoR MUNtclpAL ADMtNtSTRAT|ON ANDURBAN DEVELOPMENT

counsel for the Respr,ndent Nos. 2 to 4: sRl sAMPATH PRABHAKAR REDDy,S.C. FOR GHMC

Counsel for the Resp< ndent No.5: SRI T. KISHTAIAH

The Court made the fc llowing: ORDER

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ORDER

THE HON'BLE DT. JUSTICE SHAMEEM AKTHER

WRIT PETITION No,17366 OF 2014

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 inaction of the3'd respondent in taking action on the petitioner'srepresentation dated 18.06.2014 as illegal, arbitrary andunjust and consequently direct the respondent Nos.1 to 4herein to inspect the illegal construction made by the 5threspondent at premises bearing H.No.C-3, 381, HUDAColony, Chandanagar, Hyderabad-S00 050, verify whetherthe 5th respondent had obtained any permission at all for theconstruction of tlre house and if it is found that it is an outand out illegal construction without any sanctioned plan, therespondent Nos.1 to 4 may be directed to demolish thesame fo rth r i ith. "

2. Heard the learned counsel for the petitioner, learnedGovernment Pleader for Municipal Administration appearing forrespondent No.1, Standing Counsel for GHMC appearing for therespondent Nos,2 to 4, learned counsel for respondent No.5 andperused the record.

3. The grievance of the petitioner is that he made a representationdated 18.06.2014 to the respondent No.3 to inspect and demolish theillegal construction made by respondent No.5 at premises bearingH.No.C-3, 3Bl, HUDA colony, chandanagar, Hyderabad, but no actionhas been taken yet by respondent No.3 on the said representationand ultimately prayed to allow the writ petition as prayed for.

4. There is n: denial by the learned Standing Counsel for GHMCwith regard to tire submission of representation dated 18.06.2014 bythe petitioner. The said representation needs to be examined.Admittedly, no a:tion has been taken on the said representation.

5. Under these circumstances, respondent No.3 is directed todispose of the r:presentation dated 18.06.2014 of the petitioner, inaccordance with law, after affording opportunlty to the respondentNo.5 to putfortl his case. The whole exercise shall be completedwithin three (3) months from the date of receipt of a copy of thisorder.

6. With the a )ove direction, this Writ Petition is disposed oF.

Miscellane rus Petitions, if any, pending in this Writ [petition]shall stand close l. There shall be no order as to costs.

SD/.K.AMMAJIASSISTANT REGISTRAR//TRUE COPY//\----'

SECTION OFFICER

To,1. The Prl. Secre ary, [Municipal ][Administration, Government ][of ][Telangana,]Telangana Secre ariat, [HYderabad.]1. The Prl. Secre ary, [Municipal ][Administration, Government ][of ][Telangana,]Telangana Secre ariat, [HYderabad.]

2. The commissior [er, ][Greater ][Hyderabad N/uniclpal ][corporatiorr, Head ][office,]Tank Bund Road Hyderabad.Tank Bund Road Hyderabad.

3. The Zonal comr [rissioner, ][serilingampally ][Municipality, ][at ][Serilingampally, ][R.R.]District.District.

4. The Deputy [Cor ][rmissioner, GHMC, ][Serilingampally ][Zone, ][Circle ][No' ]['12' ][at]Serilingampally, [I ]l.R. [District.]Serilingampally, [I ]l.R. [District.]

5. One CC to SRI S [SHARAT ][KUMAR, ][Advocate ][OPUC]

6. Two CCs to GP [t ][rr ][Municipal Administration and Urban Development, High ][court]for the State of T rlangana [at Hyderabad. ][OUT]for the State of T rlangana [at Hyderabad. ][OUT]

7. One CC to SRI [S ][AMPATH ][PRABHAKAR REDDY, ][S'C' ][for GHMC ][[OPUC]]

8. One CC to SRI I [KISHTAIAH, Advocate ][OPUC]

9. Two CD Copies.MPSBt

9. Two CD Copies.

10. One Spare CoPY

HIGH COURT

DATED:31 l12lt'021

ORDERWP.No.17366 of 2014

DISPOSING O: THE WRIT PETITIONWITHOUT COIiTS.

,

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