Writ petition challenging non-regularization of a plot under a municipal scheme. Court directed the third respondent to consider the application within eight weeks and communicate the decision within a week thereafter.
Direction to the third respondent to consider the regularization application within 8 weeks and communicate the decision within a week.
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.
HON’BLE DR. JUSTICE B. SIVA SANKARA RAO
WRIT PETITION No.5705 of 2018
ORDER:
This Writ Petition, under Article 226 of the Constitution of India is filed by the petitioner, seeking the following relief:
“a) Declaring the action of the 2nd respondent in not regularizing the petitioner's Plot No.269 in Survey No.66/2 situated in Raidurg Navkhalsa (V), Serilingampally Mandal, R.R.District under Layout Regularization Scheme as illegal, arbitrary and against Article 14 and 21 of the Constitution.
b) Consequently direct the 2nd respondent to regularize the petitioner's Plot No.269 in Survey No.66/2 situated in Raidurg Navkhalsa (V), Serilingampally Mandal, R.R.District under the Layout Regularization Scheme.
c) and pass such other orders…….”
I have heard the submissions of the learned counsel for the petitioner and of Sri Sampath Prabhakar Reddy, learned Standing Counsel for GHMC appearing for respondents 2 & 3. I have perused the material record.
The case of the petitioner is that the petitioner made application dated 28.01.2016 in respect of his plot for regularization in accordance with terms of G.O.Ms.No.151 dated 02.11.2015 and that despite such application, respondents 2 & 3 are not taking any action.
Sri Sampath Prabhakar Reddy, learned Standing Counsel for respondents 2 & 3 states that the petitioner’s application would be considered appropriately within a reasonable time and the decision taken would be communicated to the petitioner.
Recording the submissions, the Writ Petition is disposed of directing the 3rd respondent to consider the petitioner’s application referred to above within a period of eight (08) weeks from the date
2
Dr. SSRB,J
of receipt of a copy of this order and communicate the decision taken thereon to the petitioner within a week thereafter.
Consequently, miscellaneous petitions, if any shall stand closed. No costs.
_____________________________________ JUSTICE Dr. B.SIVA SANKARA RAO
Date: 21.02.2018 ska
2 issues framed by the court
Whether the action of the respondents in not regularizing the petitioner's plot is illegal, arbitrary and violates Article 14 and 21 of the Constitution.
Whether the petitioner's application for regularization under the Layout Regularization Scheme remains pending without action by the respondents.
1 provisions across 1 enactments
Petitioner
GHMC
B. Siva Sankara Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
