This single judge disposed of a writ petition seeking mandamus against inaction regarding illegal compound wall construction. The court directed respondents to consider the petitioners' representation within six weeks on merits.
Direction to respondents to consider pending representation and dispose on merits within six weeks.
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HON’BLE DR. JUSTICE B. SIVA SANKARA RAO
WRIT PETITION No.4628 of 2018
ORDER:
Heard learned counsel for the petitioners and learned Government Pleaders for Municipal Administration and Revenue respectively for respondents and perused the prayer in the writ petition with the supporting affidavit and other material on record.
The prayer in the writ petition reads as follows:
“…..to issue a writ, order or direction more particularly one in the nature of the writ of Mandamus declaring the action of the respondents 2 to 5 in not removing the illegal and unauthorized compound wall constructed in Sy. Nos.22 and 23 at Vigneswara Colonoy, Alwal, Secunderabad, in spite of the representation made by the petitioners dated 27 12 2017 as illegal, arbitrary, violation of Articles 14 and 300-A of the Constitution of India and contrary to the provisions of the Greater Hyderabad Municipal Corporation Act and consequently direct the respondents to remove the said unauthorized and illegal constructions within a time bound programme and pass such other order or orders…..”
It is the grievance of the petitioners that there are unauthorized construction by raising compound wall in portion of the land of the petitioners covered by S.Nos.22 & 23 of Alwal, Secunderabad and even they made representations including the present one dated 27.12.2017, there is inaction on the part of the respondents and a direction at least to be given to consider the representation as per the submission of the learned counsel for the petitioners.
The learned Government Pleader submits that they will consider the representation and dispose of on own merits, if such is the case.
2
Dr. SSRB,J
Having regard to the above and by recording the same, the Writ Petition is disposed of by directing the respondents to consider the pending representation of the petitioners referred supra and dispose of the same preferably within six (06) weeks from the date of receipt of this order on own merits and communicate.
Consequently, miscellaneous petitions, if any shall stand closed. No costs.
_____________________________________ JUSTICE Dr. B.SIVA SANKARA RAO
Date: 14.02.2018 ska
2 issues framed by the court
Whether the writ petition should be disposed of by directing respondents to consider the petitioners' representation regarding illegal compound wall construction.
Whether a time-bound direction should be issued to the respondents to dispose of the pending representation on its merits.
2 provisions across 2 enactments
Petitioners
Municipal Administration and Revenue
B. Siva Sankara Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
