Telangana High Court

WP/20976/2008 of Mr.Thakur Shivlender Singh Vs The Commissioner on 24 December 2008

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 20976 of 2008 Between: Mr.Thakur Shivlender Singh S/o.Thakur Subhash Singh

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)

WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBERTWO THOUSAND AND EIGHT

PRESENT

THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADAWRIT PETITION NO : 20976 of 2008

Between:

Mr.Thakur Shivlender Singh S/o.Thakur Subhash Singh H.No.5-6-39 Dhanagar Galli Old Vegetable Market Tandur (M)&Proper Dist Ranga Reddy District

..... PETITIONER

AND

1 The Commissioner Municipal Council Tandur Mandal Tandur District Ranga Reddy District Mandal Tandur District Ranga Reddy District 2 Smt Gowdampally Vijayalakshmi W/o Sri G.Narayana H.No.5-6-8 Dhanagar Gally Old Vegetable Market Tandur (M) &Proper District Ranga Reddy DistrictProper District Ranga Reddy 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 to pass an order or writ particulalry one in the nature ofMandamus declaring the inaction of the respondent No.1 furtherproceedings of his Confirmation order(Notice) C.O.No.3/TPBO/2008 dt10-9-2008 for the illegal constructions proposed by the respondent No.2without obliging the sanction plan issued in Proc No.C/748/2008 dt 22-7-2008 as arbitrary illegal,against the rules of law and principles of naturaljustice and pass Counsel for the Petitioner:MR.BAJRANG SINGH THAKUR

Counsel for the Respondent No.: MR.POLISETTY RADHAKRISHNA(SC FOR MPL(TA))

The Court made the following :

THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADAWRIT PETITION No.20976 of 2008

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ORDER:

1 According to the petitioner, he is the owner and possessor ofpremises bearing D.No.5-6-39 situated at Dhangar Gally, Old VegetableMarket, Tandur which is a thickly populated area having only 20 ft. road topass towards the Gunj from Old Vegetable Market. The secondrespondent herein is also having her premises bearing D.No.5-6-8 at thevery same place. With a view to construct a two flooried building withRCC roof, the second respondent demolished the existing building andstarted construction of the building without any approval of the buildingplan from the first respondent. According to the petitioner the saidconstruction is encroaching into the road and as it is causing any amountof inconvenience, the petitioner brought the said fact to the notice of thefirst respondent by way of a representation and the first respondent aftertaking into account all the factual matrix, passed an order dated10.09.2008, directing the second respondent to remove the unauthorizedconstructions. Despite the said order, as the unauthorized constructionshave not been removed, the petitioner approached this Court and filed thepresent Writ Petition.

2 Heard the learned counsel for the petitioner and the learnedstanding counsel for the first respondent – Municipality.

3 Despite service of notice, the second respondent has not chosento appear either in person or through any advocate.

4 Having heard the learned counsel for the petitioner and thelearned standing counsel for the first respondent this court is of the viewthat there is an unauthorized construction being constructed by thesecond respondent and in that context only the first respondent Municipality had passed an order on 10.09.2008 pointing out thedeviations.

5 In that view of the matter, the first respondent is hereby directed tostrictly adhere to the proceedings C.O.No.3/TPBO/2008 dated 10.09.2008and see that the unauthorized constructions made by the secondrespondent are either removed by the second respondent himself orremoved by the Municipality at the cost of the second respondent, within aperiod of four weeks from the date of receipt of a copy of this order.

6 The Writ Petition is accordingly disposed of at the stage ofadmission. No order as to costs.

24.12.2008Kvsn

------------------------ SRI T.G.K,J.

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