Dismissed

Sravanthi Nivas Welfare Association (Reg), v. The Deputy Commissioner

Telangana HC12 Aug 2015WP/1771/2009

Case brief

AI extract

What is this about?

The petition sought mandamus for demolition of unauthorized structures in a parking area. The respondent proved the structures were regularized via permit dated 31.12.2012. The court held demolition questions did not arise, dismissing the petition while leaving open a challenge to the regularization.

What did the court decide?

The writ petition seeking demolition of structures is dismissed as the structures were regularized.

Sravanthi Nivas Welfare Association (Reg), Vs The… — Writ and Judicial Review | Telangana HC (2015)

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HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY

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Writ Petition No. 1771 OF 2009

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Between:

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Sravanthi Nivas Welfare Association

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Rep. by President M.Narasimha Reddy. …Petitioner

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And

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The Deputy Commissioner,

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Greater Hyderabad Municipal Corporation

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L.B.Nagar Circle, L.B.Nagar, Hyderabad. ..Respondent

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Date of Judgment pronounced: 12.08.2015

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Submitted for Approval:

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The Hon’ble Sri Justice A.Rajasheker Reddy

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1. Whether Reporters of Local newspapers

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May be allowed to see the Judgments? Yes/No

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2. Whether the copies of judgment may be

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Marked to Law Reporters/Journals Yes/No

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3. Whether His Lordship wish to see the fair

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Copy of the Judgment? Yes/No

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HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY

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Writ Petition No. 1771 of 2009

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ORDER :

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This writ petition is filed seeking writ of mandamus declaring the inaction of the respondent in taking appropriate steps for demolition of unauthorized structures made in the parking place i.e., Flat No.G-1, in the premises bearing No.9-6-73/1 of Sravanthi Nivas Apartments, situated at Durgabhavani Nagar, Road No.1, Saidabad, Hyderabad, despite representations dated 28.06.2005, 29.09.2005, 30.09.2005, 04.10.2005, 24.10.2005, 02.12.2006, 23.01.2008 and 29.12.2008 as illegal and arbitrary and consequently to direct the respondent to take steps for removal of unauthorized constructions in the subject premises.

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2. The respondent has furnished para-wise remarks stating that the owner of Plot No.22 part and 23 in Sy.No.30 at Bhavani Nagar Colony, Sultanvalva Sri V. Sreedhar Reddy have obtained building permission vide permit No.G/BP/1029/2003, dated 30.06.2003 for construction of residential building in ground plus 2 upper floors. However, the owner has constructed stilt plus 3 upper floors and pent house and converted into apartments. However, by proceedings of the respondent in Proc.No.BPS/1630/C-3/EZ/GHMC/2008, dated 31.12.2012, the unauthorized structures raised by the owner of the subject property have been regularized.

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3. Heard Sri Kowturu Vinaya Kumar, learned counsel for the petitioner as well as Sri Pasham Krishna Reddy, learned Standing Counsel for the respondent

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Corporation.

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4. When once the unauthorized structures raised in the subject premises by its owner have been regularized by the respondent, the question of demolishing the same does not arise.

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Accordingly, this writ petition is dismissed. However, it is open for the petitioner to challenge the proceedings dated 31.12.2012, in accordance with law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition, shall stand dismissed.

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_________________________ A.RAJASHEKER REDDY, J

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12.08.2015.

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KVS

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HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY

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W.P. No.1771 OF 2009

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Date: 12-08-2015

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KVS

Sravanthi Nivas Welfare Association (Reg), v. The Deputy Commissioner

Case brief

What is this about?

What did the court decide?

Sravanthi Nivas Welfare Association (Reg), v. The Deputy Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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