Writ petition challenging the rejection of an appeal to a municipality. The court held that the municipality could not decline entertain the appeal by citing a parallel civil suit and quashed the impugned intimation directing disposal on merits.
Impugned intimation dated 23-8-2004 set aside; respondent directed to consider appeal and pass speaking order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE TWELFTH DAY OF OCTOBER TWO THOUSAND AND FOUR
PRESENT:
THE HONORUABLE SRI JUSTICE A.GOPAL REDDY
WRIT PETITION NO : 17208 of 2004
Between:
K. Praveen Kumar, S/o. K.V. Kishan Rao, R/o. Plot No.220, South End Park, Mansoorabad Village, Saroornagar Mandal, Ranga Reddy District.
..... PETITIONER
AND
The Commissioner, LB Nagar Municipality, Saroornagar, Ranga Reddy District.
.....RESPONDENT
Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, in the nature of WRIT OF MANDAMUS or any other appropriate Writ or Writs, Order or Direction, declaring the action of the Respondent in rejecting the appeal filed by the petitioner, vide impugned intimation dt. 23-8-2004 in No.35/TPS1/2004 as illegal and arbitrary by directing the respondent to consider and dispose off the appeal filed by the petitioner, in accordance with the provisions of A P Municipalities Act.
For the Petitioner: MR.H.VENUGOPAL, Advocate For the Respondent : MR.THIMMA REDDY, Standing Counsel
The Court at the admission stage made the following :
ORDER:
As seen from the grounds of appeal filed before the Honourable Municipal Council, L.B.Nagar Municipality, Ranga Reddy District, Hyderabad, the real grievance of the petitioner is that the conditions imposed while granting lay out sanction by the respondentMunicipality to the Rainbow Constructions which developed the land, not known to the petitioner who purchased the plot bearing No.8-A admeasuring 317 sq. yards in S.Nos.8 and 9 within the limits of Mansoorabad village from Smt. Indira Selvaraj under a registered sale deed dt.4-3-2004, who earlier purchased the same from Rainbow Construction under a registered sale deed dt. 22-4-1998. Since the petitioner was not aware of the resolution passed by the respondent-Municipality about deposit of Rs.10 lakhs by the developer, the petitioner filed the above appeal. The petitioner started construction in accordance with the Municipal Rules and as per the approved layout/Group Housing Scheme. In view of the threat of demolition, he filed OS No.1107/2004 on the file of Principal Junior Civil Judge, North & East, Ranga Reddy District and also filed an appeal as contemplated under Sec. 345(I)(a)(i) of A.P. Municipalities Act, 1965. Instead of entertaining the appeal by disposing of the same by a speaking order, through the impugned intimation, the petitioner was informed that Chairperson directed the Commissioner not to entertain the appeal in view of the pendency of the matter in OS No.1107/2004.
Having regard to the facts and circumstances of the case, the impugned intimation dt. 23-8-
2004 is set-aside and the respondent is directed to consider the appeal in the light of the submissions made by the petitioner in the grounds mentioned therein and pass a speaking order thereon.
The writ petition is accordingly disposed of.
12-10-2004
kmr
To
1. The Commissioner, LB Nagar Municipality, Saroornagar, Ranga Reddy District.
2. 2CD copies
2 issues framed by the court
Whether the municipality was justified in rejecting the petitioner's appeal without passing a speaking order by citing the pendency of a civil suit.
Whether the High Court should direct the respondent to consider the appeal and pass a speaking order.
2 provisions across 2 enactments
K. Praveen Kumar
The Commissioner, LB Nagar Municipality
A. GOPAL REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
