The writ petition challenging the inaction of respondent officials regarding illegal construction was dismissed as the petitioner sought a withdrawal of the petition with liberty to approach alternative remedies.
Withdrawal of the Writ Petition allowed with liberty to avail alternative remedies.
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HIGH COURT FOR THE STATE OFTELANGANA AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY
WRIT PETITION NO: 10362 OF 2021
Between:
Mohd Afzal Khan, S/o [t/d Junaid, Aged about 29years, Occupation. Private Employee, F/o H No 11-1-319, Near Railway Track, Mylargadda, Seetaphalmandi, Secunderabad
...PETITIONER
AND
,..RESPONDENTS
Petition under Article 226 ol the Constitution of lndiapraying that in the circumstances stated in the affidavit filed therewith, the High Court may bepleased to issue an appropriate writ, order or direction more in the nature of Mandamus, declaring the inaction of respondents moreparticularly that of respondents 3 and 4in not initiating any action on my written complaint dated 29.03.2021 against respondent No 5 who is making illegal constructions in Plot with H. No.11-1-31512, near Railway Track, lt/ylargadda Seetaphalmandi, Secunderabad in deviation to sanctionplan vide Permit No. 31C2911664512019 dated 18.11.2019 without there being anypermission obtained from official respondents that too during Lockdownperiod, contrary to the Judgment of Honorable Supreme Court of lndia in Civil Appeal No 33471/12 dated 29.02.2012 as being as being lllegal, Arbitrary Un Constitutional, being violative of Articles 21 and 3004, against the Letter and spirit of Catena of Judgments rendered by this Honorable Court as well that of Honorable Supreme Court of lndia apartfrom being violative of principles of natural Justice and Fairplay, and consequently demolish the illegal structure raised
lA NO: 1 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may bepleased to direct respondents 2 to 4 to ensure action on respondent no 5 from proceeding any further with illegal construction over and above the Plot with H. No 11-1-31512, near Railway Track, IVylargadda Seetaphalmandi, Secunderabad in deviation to sanctionplan vide Permit No. 31C2911664512019 dated 18.11.2019 in pursuant to complaint dated. 29.03.2021 against respondent No 5, pending the disposal of present Writ Petition
Counsel for the Petitioner : SRI M.SHEKAR
Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT
Counsel for the Respondent Nos.2 to 4 : SRI CHATLA MADHU, SC FOR GHMC Counsel for the Respondent No.5 : --
The Court made the following: ORDER
v
THE HON'BLE SRI JUSTICE A.ABHISHEI( REDDY
WRIT PETITION No. 10362 of.2021
ORDER:
Mr. M. Sekhar, the learned counsel for the petitioner, has addressed a letter, dated 15,06.2021., to the Registry seeking withdrawal of the Writ Petition with liberty to avail alternative
remedies available under 1aw.
Permission is granted
Accordingly, the Writ Petition is dismissed as withdrawn
granting liberty as prayed for.
The miscellaneous petitions pending, if any, shall stand
closed. There shall be no order as to costs.
SD/.N.CHANDRA SEKHAR RAO ASSISTANT REGISTRAR //TRUE copy// Go
Go
SECTION OFFICER
To
HIGH COURT
DATED:1810612021
ORDER
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PA:r
WP.No.10362 ot 2021
DISMISSING THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS.
Mohd Afzal Khan
State of Telangana
The Greater Hyderabad Municipal Corporation
The Zonal Commissioner
The Assistant City Planner
Srinivas Chary
A. Abhishek Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
