Writ petition filed for mandamus to demolish illegal constructions acting on a complaint. Court found grievance resolved as authorities issued proceedings to remove deviations. Petition dismissed on admission stage.
No order as to costs.
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HON’BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.2177 OF 2020
ORDER:
Heard the learned counsel for the petitioner Sri K.R.Koteswara Rao, learned counsel for Respondent No.3. With the consent of both the parties, this writ petition is disposed of at the admission stage.
This writ petition is filed seeking the following relief :-
“……………writ of mandamus by declaring the action of the respondent No.3 in not acting upon the complaint dated 24.12.2019 by stalling the illegal construction being constructed by Respondent Nos.4 and 5 in Plot bearing No.59, Paigah colony, SP Road, Secunderabad, without obtaining any sort of permission and further direct Respondent No.2 & 3 to consider the representation made on 24.12.2019 and to demolish the illegal construction by Respondent Nos.4 & 5 in Plot bearing No.59, Paigah Colony, SP Road, Secunderabad as per the complaint dated 24.12.2019 and to pass such other …………..”
It has been contended by the petitioner that the respondents 4 and 5 are constructing a residential house illegally in Plot No.59, Paigah colony, SP Road, Secunderabad, pending the sanctioned plan and that she has given a complaint to respondents 2 and 3 against respondents 4 and 5. But so far, the respondents are not acting on the complaint given by the petitioner. Challenging the same, the present writ petition is filed.
Learned counsel for the petitioner contends that appropriate orders be passed in the writ petition directing the respondents 2 and 3 to take action against the respondents 4 and 5.
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Learned Standing counsel appearing for the respondents contended that acting on the complaint given by the petitioner, the respondents 2 and 3 have issued a notice to respondents 4 and 5 on 18.01.2020 and thereafter they have issued proceedings dated 28.01.2020 directing the respondents 4 and 5 to remove the deviations that are constructed contrary to the building plan. Therefore, he contends that the grievance of the petitioner has been resolved as respondent No.3 has acted on the complaint given by the petitioner.
This Court, having considered the rival submissions of the learned counsel appearing for the respective parties, is of the considered view that the grievance of the petitioner has been resolved with the issuance of proceedings dated 28.01.2020 by respondent No.3.
With the above observations, this writ petition is closed. No order as to costs.
Pending miscellaneous petitions, if any, shall stand closed.
________________________________ ABHINAND KUMAR SHAVILI, J
Date: 04-02-2020 dv
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Sri K.R.Koteswara Rao
Respondents 2 and 3
Respondents 4 and 5
ABHINAND KUMAR SHAVILI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
