This order directs the Greater Hyderabad Municipal Corporation to dispose of a complaint regarding unauthorized construction by the second respondent within four weeks.
Direction to the Commissioner to consider the complaint and pass orders within four weeks.
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 AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
FRIDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND FIFTEEN
Present
HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.25774 of 2015
Between:
B. Hari Kishan, S/o. Late Sri Bhonagiri Mallaiah, Aged 49 years, R/o. Flat No.201, Eternal Apartments, H.No.17-1-383/77/201, Vinay Nagar Colony, Saidabad, Near IS Sadan, Hyderabad.
.. Petitioner
AND Greater Hyderabad Municipal Corporation, Tank Bund Road, Hyderabad, Rep. through its Commissioner & another
.. Respondents
The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.25774 of 2015
ORDER:
This writ petition is filed declaring the action of first respondent in not considering the representation, dated 23.07.2015, made by the petitioner for demolition of illegal structures raised by 2nd respondent in premises bearing No. 17-1-138/78/A, situated at Vinay Nagar Colony, Saidabad, Near IS Sadan, Hyderabad, as illegal and arbitrary and to consequently direct the first respondent to forthwith act upon the representation of the petitioner, dated 23.07.2015, and take immediate action against the illegal structures raised by the 2nd respondent.
2. Heard the learned counsel for petitioner and Sri P. Krishna Reddy, learned Standing Counsel for the Greater Hyderabad Municipal Corporation for the 1st respondent and with their consent, the writ petition is taken up for disposal at the stage of admission.
3. Petitioner claims to be resident of Flat No.201 in Eternal Apartments bearing Premises No.17-1-383/77/201, stiatued at Vinay Nagar Colony, Saidabad, Near IS Sadan, Hyderabad. The 2nd respondent, who is the neighbour of the petitioner, is resident of an old house bearing No. 17-1-138/78/A, situated at Vinay Nagar Colony, Saidabad, Near IS Sadan, Hyderabad. The petitioner claims that in June,
2015, the 2nd respondent and her family members started making constructions in the property belonging to them by covering the setbacks which are in existence, which is causing great inconvenience to the petitioner. The petitioner made a complaint to the Grievance Cell of the first respondent on 10.07.2015 and 16.07.2015 and the petitioner also sent several reminders on 17.07.2015, 21.07.2015 and 22.07.2015. As there was no response, when the petitioner approached the office of the first respondent, he came to know that no permission was granted to the 2nd respondent for making constructions. Therefore, the petitioner gave a detailed complaint to the first respondent on 23.07.2015, but so far, no action is taken and the same is pending.
4. When the matter is taken up, both the learned counsel agreed for disposal of the writ petition with a direction to the first respondent to expeditiously dispose of the complaint of the petitioner.
5. Having regard to the same, without expressing any opinion on merits, the Writ Petition is disposed of directing the Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad (1st respondent) to consider the complaint of the petitioner, dated 23.07.2015, and after affording reasonable opportunity to the 2nd respondent, the 1st respondent shall pass appropriate orders, as warranted under law, within a period of four (4) weeks from the date of receipt of a copy of this order and communicate the decision to the petitioner. There shall be no order as to costs. Miscellaneous petitions, if
any, pending in this writ petition shall stand closed.
_________________ P.NAVEEN RAO, J Date: 14th August, 2015 KL
HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.25774 of 2015
Date: 14th August, 2015
KL
1 issue framed by the court
Whether the respondent corporation must dispose of the petitioner's complaint regarding unauthorized construction by the neighbor within a fixed period.
B. Hari Kishan
Greater Hyderabad Municipal Corporation
Petitioner's neighbour
P. Naveen Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
