In this writ petition regarding illegal construction, the High Court disposed of the matter by directing the Municipal authorities to pass appropriate orders on the petitioner's representations within four weeks.
Directed the respondents to pass appropriate orders on the petitioner's representations dated 21.08.2021 and 18.12.2021 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.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
FRIDAY ,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
WR|T PETITION NO: 1127 OF 2022
Between:
MARIA XAVIER, W/O.LEON PALU XAVIER, Aged about 58yrs Occ: Pv,t. Employee, RyO. H. No .12-7 -31 4, N EW METTUGUDA, SECUNDERABAD
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action Respondent No.2 to 5 for not considering the representation of Petitioner D1.2110812021 and 1811212021 as arbitrary, illegal and unsustainable against theprinciples of natural Justice andu ncon stitutionaI and against theprovisions of GHIVC Act moreparticularly provisions ofAct No.12 of 2O2O more particularly Sec.3 (ii) (XVl) and to consequently direct the Respondent No.2 to 5 to consider the representations ofpetitioner Dt. 2110812021 and 1811212021 and also direct the Respondent No.2 to 5 to stop the
illegal construction of Respondent No.6 situated at H.No.13-7-3l4/A, Mettuguda, Secunderabad and take the necessary action against Respondent No.6.
lA NO: 1 OF 2022
Petition under Section 'l 51 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondent No. 2 to 5 to consider the representation of the petitioner Dt.21'08-2021 and 18-12 202i and direct the Respondent No.2 to 5 to stop the illegal construction of Respondent No.6 situated at H.No. 13-l-3l4tA, Mettuguda, Secunderabad pending disposal of the present Writ petition.
Counsel for the Petitioner : SRl. J RAMMOHAN RAO
Counsel forthe Respondent No. 1 : AGP FOR MCPL ADMN URBAN DEV
Counsel for the Respondent Nos. 2 to 5 : SRI CHATLA MADHU
The Court made the following: ORDER
HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION No.1127 of 2022
ORDER:
This writ petitidn is filed questioning the action of respondent Nos.2 to 5 for not considering the representation of petitioner dated 21.O8 .2021 and IB.t2.2O2t as arbitrar5r, illegal and unsustainable against the principles of natura_l justice and unconstitutional.
W.P.No.1.1.27 of 2422
Z
status report. Pursuant thereto, the action takenreportis submitted by the Deputy Commissioner,GHMC whereinthey have stated that they have visited the prernises and found that there is an existing br-rilding consisting ofground + two upper floors and atpresent, there isno construction work under progress. It is further stated thereinthat on further verification of the record, they found that nobuilding permission is granted to the respondent and hence, theyhave issued a show cause notice under Section452(1,\ and 46 1(1) of the HMC Act, 1955 dated 1'4.12.2021. Itis also stated that the respondent No.6 has already submittedareply on O9.O7.2O22 and that during theinspection,they have observed that the main disputebetween the petitionerand respondent No.6 is with regard tothe commonpassage which has to be settled in the competentcourt of law. Further, the learned Standing Counselsubmits that they u'illpass appropriate orders on the representationof the petitioner.
4 In view of the above submissions, as the representations of the petitioner 1S pending with the respondents, this writ petition is disposed of directingthe respondents to pass appropriate orders on the
W .P.No.1727 of 2022
3
representations dated 21.O8.2O2t and 18.12.2021made by the petitioner, in accordance with law withina period of four (4) weeks from the date of receipt of order copy. Thereshall be no order as to costs.
Consequently, the miscellaneous Applications,if any
shall stand closed.
\
SD/-K.VENKAIAH ASSISTANT REGISTRAR i/TRUE COPY// . l|' SECTION OFFICER
To,
HIGH COURT
DATED:0810412022
Y
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r.) ,1. ,r
..'!-
ORDER
WP.No.1127 of 2022
DISPOSING OF THE WRIT PETITION
WITHOUT COSTS.
@
1 issue framed by the court
Whether the High Court should direct the respondents to pass appropriate orders on the petitioner's representations and stop the illegal construction pending disposal of the writ petition.
2 provisions across 2 enactments
MARIA XAVIER
The State of Telangana
GHMC
The Zonal Commissioner, Secunderabad Circle
The Deputy Commissioner, Secunderabad Circle
The Assistant city planner, Secunderabad Circle
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
