N. Pullaiah v. The Greater Hyderabad Municipal Corporation,

HIGH COURT FOR rr,E SI r s p ;; i i |lfl,fi I : ::!,W Ar H YD E RABA D FRIDAY, THE THIRTY flRST DAY OF DECEIIBER Two rHousAND AND TWENTy oruE - PRESENT THE HON,BLE DT. JUSTICE SHAMEEM AKTHER WRIT PETIT N NO: 1991 0F 2013 ""T"ii.P,"ui:!.,i19,I4? Venkat Ramuru a.eed e-93:t*fr{,iflii;",'"% t1ii3i'*r1 ' il.Nio:'i-56-s tlnEliisna Kanthi Nasar' lbrahiml

2. chathara J+gqluh, s/o saveru chathara' "s99"6:%Tf$J""fii f.hlotY.',Si" ' ;;Ii.N". q-zd,x^ppa Pahail lbrahimpatnam vrll '"PETITIONERS AND I The Greater HYde Bund, HYderabad'

rabad tvlunicipal Corporation' Rep by its Commissioner, Tank r-. g, Nla;ar Circle. HYderabad'

Greater Hyderabad Municipal Corporation The DeDutv Municipal Commissioner'

MuniciPal CorPoration, The Zonal Commissioner, East Zone' Greater Hyderabad Gaddiannaram, HYderabad'

ior. r/o P.No. 391, N.P'

bdy District.

Smt. S.lrrluniswari Devi, w/o V'shravan Kumar' aged ma Teachers Colony. Barramargud'a Siroo'nagar' Ranga Re ...RESPONDENTS Petition under Article 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 an appropriate Writ' Order or Direction' more particularly one in the nature of writ of rvrandamus, decraring the action of the respondent authorities in not taking anyactionontherepresentationdtT'1'2Ol3submittedbythepetitionersfor demolition of the ilegar and unauthorized structures made by the.4th respondent in Plot belonging to the petitioners bearing Plot No 391' Sy No 59/1 (Old Sy No 59 (P), admeasuring 150 Sq Yds ' Ward No'B' Block No 7' situated at Teachers Colony, Phase-1, Karmanghat village' Saroornagar tvlandal' R'R' District' as being illegal, arbitrary' unjust and u nco nstitutio na I and consequently demolish the above said structures.

WPMP. NO:2409 F 201 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 pass

,'/ olders direcling the Respondent authorities to forthwith consider and take appropriate action pursuant to the representation dt.7-1-2013, pending disposar of the main Writ petition Counsel for the Petitioners: SRI K. JOSEPH counsel for the Respondent Nos. 1 to 3: sRr SAMPATH PRABHAKAR REDDy S.C. FOR GHMC Counsel for the Respondent No.4: SRI V. ESWARAIAH CHOWDARY The Court made the following: ORDER

THE HON,BLE DT. JUSTTCE SHAMEEM AKTHER WRrT pETfTTON No.r991 OF 2ots ORDER:

This writ Petition, under Articre 226 of the constitution of India, is filed by the petitioners, wherein the following prayer is made: "...to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent authorities in not taking any action on the representation dt.07.01.2013 submitted by the petitioners for demolition of the illegal and unauthorized structures made by the 4th respondent in Plot belonging to the petitioners bearing Plot No.391, Sy.No.59/1 (old Sy.No.59(P), admeasuring 150 Sq. Yds. Ward No.B, BIock No.7, situated at Teachers Colony, Phase-I, Karmanghat Village, Saroornagar f4andal, Ranga Reddy Dlstrict, as being illegal, arbitrary, unjust and unconstitutional and consequently direct the respondent authorities to disconnect the power supply to the above said premises and to grant such other relief or reliefs-.." 2.

Heard the learned counsel for the petitioners, learned Standing Counsel for GHMC appearing for the respondent Nos.1 to 3, learned ) counsel for respondent No'4 and perused the record. J 3.

Learned counsel for the petitioners would submit that the petitioners are the absolute owners of plot No'391, Sy'No'59/1 situated at Teachers Colony, Phase-I, Karmanghat Village, Saroornagar Mandal, Ranga Reddy District, having purchased the same under a registered sale deed dated 24.12'20L2 vide document No.16394/2012. The unofficial respondent No'4 without having any manner of right and title, trespassed into the subject property and

?

proceeded with the construction without obtaining any permission from the respondent authorities' Hence' the petitioner made a representation dated 07.01.2013 to the respondent No'2 to demolish the illegal construction made by respondent No.4 over the subject property. The said representation has not been disposed of yet' 4.

There is no deniat by the learned Standing Counsel for GHlvlC with regard to the submission of representation dated 07.01.2013 by the petitioner. Admittedly, no action has been taken on the said representation.

5.

Under these circumstances, the respondent No.2 is directed to examine the representation dated 07.01.2A13 of the petitioner and dispose of the same, in accordance with law, after affording opportunity to the petitioner, unofficial respondent No.4 and other interested persons. It is made clear that the respondent authorities are entitled to remove the encroachments, if any, in accordance with law.

6.

With the above direction, this Writ petition is disposed of. Miscellaneous Petitions, if any, pending in this Writ petition shall stand closed. There shall be no order as to costs. Sd/.K. AMMAJI ASSISTANT REGISTBAR sEcloN 8{or* //TRUE COPY// To,

1. The Commissioner, Hyderabad.

Greater Hyderabad lVlunicipal Corporation, Tank Bund,

2. The.Deputy lVlunicipal commissioner, Greater Hyderabad lVlunicipal corporation L.B.Nagar Circle, Hyderabad.

3. The Zonal commissioner, East Zone, Greater Hyderabad t\.4unicipal corporation, Gaddiannaram, Hyderabad.

4. One CC to SRI K. JOSEPH, Advocate tOpUCl

5. One CC to SRI SAMPATH PRABHAKAR REDDY, S.C. for GHIMC [OPUC]

6. One CC to SRI V. ESWARATAH CHOWDARY, Advocate tOpUCl

7. Two CD Copies.

8. One Spare Copy.

MP

HIGH COURT DATED:31 11212021

ORDER

( ItiE $14 ,{:

WP.No.1991 of 2013 (la q'

o !) 1 4 tEil 20n -4 .f;:r DISPOSING OF THE WRIT PETITION WITHOUT COSTS @d,o VL^