The single-judge bench directed Municipal Corporation officials to consider petitioner's representations and pass orders after hearing all parties regarding alleged unauthorized constructions within four weeks.
Direction to respondents to consider representations and pass appropriate orders after hearing all parties within four weeks.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE THIRTEENTH DAY OF APRIL TWO THOUSAND AND FIVE
PRESENT
THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 7778 of 2005
Between:
Lakshmi Kantha, W/o. Umeshchand Shrivastav, Hindu, R/o. 23-6-983/9, Shah Ali Banda, Hyderabad.
..... PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the action of the respondents 1, 2 and 3 herein to not initiating any action in pursuance to the representations of the petitioner dt. 22-11-2004 and 1- 4-2005 as mandated under Sec.636 of the Hyderabad Municipal Corporation Act, 1955 as highly illegal, arbitrary.
Counsel for the Petitioner: MRS.S.NANDA
Counsel for the Respondents: MR.RAMA RAO GHANTA
The Court at the stage of admission made the following:
THE HON’BLE MS. JUSTICE G.ROHINI
WRIT PETITION NO.7778 OF 2005
ORDER :
This writ petition is filed aggrieved by the alleged inaction on the part of the respondents 1 to 3 in initiating action in pursuance of the representations made by the petitioner dated 22-11-2004 and 1-4-2005 requesting to take action in terms of Section 636 of the Hyderabad Municipal Corporation Act, 1955 with regard to the alleged unauthorised constructions made by the neighbours of the petitioner by name Yousufba Ramzan and others in premises bearing Nos.23-6-993 and 23-6985 admeasuring about 500 sq. yards, situated in Shah Ali Banda, Hyderabad.
Having heard the learned Counsel for the petitioner and the learned Standing Counsel appearing for the respondent-Corporation, without expressing any opinion as to the correctness of the allegations made by the petitioner, the Writ Petition is disposed of with a direction to the respondents 1 to 3 to consider the representations made by the petitioner and to pass appropriate orders in accordance with law after hearing the petitioner as well as all the persons against whom the petitioner filed the complaint, as expeditiously as possible preferably within a period of four weeks from
the date of receipt of this order.
The Writ Petition is accordingly disposed of. No costs.
13th April, 2005.
Note:- Cc in one week.
(B/O)
gbs
To
5 Two C.D. copies.
3 issues framed by the court
Whether the High Court should issue a writ of mandamus to direct the municipal authorities to initiate action on representations regarding alleged unauthorized constructions.
The appropriate direction to the respondents to consider representations and pass appropriate orders after hearing all parties.
Whether the delay in initiating action by the municipal authorities is justified.
2 provisions across 2 enactments
Lakshmi Kantha
Commissioner, Municipal Corporation of Hyderabad
Deputy Municipal Commissioner, Circle-I, M.C.H. Hyderabad
Asst. Town Planner, Sardar Mandal, Circle- I Hyderabad
Narayasimha Goud
G. Rohini
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
