Disposed

Kamani Madhusudhan v. The State of Telangana and 2 others

Telangana HC20 Oct 2022WP/11666/2022

Case brief

AI extract

What is this about?

Writ petition challenging the municipality's inaction regarding an illegal construction notice. The court disposed of the petition by directing the municipality to take steps and pass orders.

What did the court decide?

Order directing Respondent No.2 to take appropriate steps pursuant to the notice dated 12-02-2021 and pass orders in accordance with law within four weeks.

Kamani Madhusudhan Vs The State of Telangana and… — Writ and Judicial Review | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY, THE TWENTIETH DAY OF OCTOBER TWO THOUSAND AND TWENry TWO

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PRESENT

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THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI

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WRIT PETITION NO: 11666 OF 2022

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Between:

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Kamani Madhusudhan, S/o Late Sri Veeraiah, Aged about. 60 years, Occ. Retd Govt. Employee, R/o. H.No.5-5-23, Lashkar Bazaar, Hanamkonda, Warangal Rural Diskict.

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...PETITIONER

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AND

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.1 The State of Telangana, Rep. by its Principal Secretary Municipal Administration Department, Secielhriat Building, presently Burgula Ramakrishna Rao Bhavan, Hyderabad.

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2 The Narsampet Municipa[ity, Rep. by its Commissioner, Warangal Rural District.

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3 Danam Narayana, $/o. lllaiah,Aged about. years, Occ. Business, R/o. H.No.1-70, Gundampalli Village, Kothagudem Mandal, Mahabubabad District

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or more in the nature of a writ of Mandamus or any other appropriate writ order direction directing the Respondent No.2 to take action according to the respondent no.2 notice ROC.No.32012021 dt.1210212021 against the illegal construction made by Respondent No.3 without permission from respondent no.2 on House no.18-228 in extent of Ac.0- 08 gts in sy.no.317l1 of Nehru Nagar, near NRI Way bridge, Samithi Road (Dwarakapet Road), Nardampet Village, Town and Municipality, Warangal Rural District, belongs to petitioner and consequently declare the.action of Respondent No.2 in not initiating action againsl respondent no.3 illegal coristruction on house no- 18-228 in extent of Ac.0-08 gts in sy.no.317/1 of Nehru Nagar, near NRI Way bridge, Samithi Road (Dwarakapet Road), Narsampet Village, Town and Municipality, Warangal Rural District and not

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considering the petitioner representation dt.2010112018 and 0810212021 which is illegal, arbitrary against to the principles of natural^justice.

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IA NO:'l OF 2022

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Petition under Section 151 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 demolish the illegal construction made by Respondent No.3 on house no.18-228 to an extent of Ac.0-08 gts in Sy.No.317 Nehru nagar, near NRI Way bridge, Samithi Road (Dwarakapet Road), Narsampet Village, Town and Municipality, Warangal Rural District as per the respondent no.2 notice vide ROC No.320/2021 dt.12t0212021 .

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Counsel for the Petitioner: SRI PADALA PRAVIN KUMAR /

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Counsel f6rthe Respondent No. 1: GP FOR MCPL ADMN URBAN DEV

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iounsel forthe Respondent No. 2: SRI N. PRAVEEN KUMAR, r SC FOR MUNICIPALITIES

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Counsel forthe Respondent No. 3: NONE APPEARED

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The Court made the following: OROER

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I )

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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WRIT PETITION No.11666 of 2022

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ORDER:

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This writ petition is filed with the following prayer;

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'to issue a writ or more in the nature of a writ of Mandamus or any other appropriate writ, order, direction, directang Respondent No.2 to take action according to the notice ROC.No.320/2021 d1.12-02-2021 against the illegal construction made by Respondent No.3 without permission from respondent No.2 on House No.18-228 in extent of Ac.o- 08 gts in Sy.No.317l1 of Nehru Nagar, near NRI Way bridge, Samithi Road, Dwarakapet Road, Narsampet Village Town and Municipality, Warangal Rural District, belongs to petitioner and consequently declare the action of Respondent No.2 in not initiating action against respondent No.3 illegal construction on house no.18-228 in extent of Ac 0-08 gts in Sy.No,317/1 of Nehru Nagar near NRI Way bridge, Samithi Road, Dwarakapet Road, Narsampet Village, Town and Municipality, Warangal Rural District, and not considering the petitioner's representations dated 20-01-2018 and 08-02-2021 which is illegal, arbitrary and against the principles of natural^justice'.

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Learned counsel for the petitioner Mr. Padala Pravin Kumar submits that the petitioner gave a representation dated 08-02-2021 lo respondent No.2 stating that the unofficial respondent No.3 has constructed a room in the petitioner's land without any permission from the respondent Municipality. He submits that basing on the said representation, a notice was issued by respondent No.2 to the unofficial respondent No.3 on 12-02-2021 and thereafter, no action has been initiated and hence, the petitioner has come up before this Court.

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LK, J W P No.1r666 of 2022

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Learned Standing Counsel for respondent No.2 Mr. M. Ram Mohan Reddy submits that the respondent Municiparity wil take further steps pursuant to the notice daled 12-02-2021 and pass appropriate orders in accordance with law.

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Recording the submission of the leamed Standing Counsel, the Writ Petition is disposed of directing respondent No.2 to take appropriate steps pursuant to the notice dated 12-02_2O21 issued to the unofficial respondent No.3 and pass appropriate orders in dbcordance with law within a period of four weeks from the date of receipt of a copy of this order. No order as to costs.

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Miscellaneous Apptications, if any pending in this writ tition.

shall stand closed

//TRUE COPY//

SD/- P. PADMANABHA REDDY ASSISTA)IT. REGTSTRAR sEb#oi oFFrcER

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To, The Principal Secretary Municipal Administration Department, State of Telangana Secretariat Building, presently Burgula Ramakrishna Rao Bhavan, Hyderabad.

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2 The Commissioner, Narsampet Municipality, Warangal Rural Diskict.

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3 One CC to SRI PADALA PRAVIN KUMAR Advocate [OPUC]

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4 Two CCs to GP FOR MCPL ADMN URBAN DEV, High Court for the State of Telangana at Hyderabad [OUT]

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E Two CD Copies

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6 One spare copy. NPJ GJP $nx

HIGH COURT

DATED:20 t10t2022

ORDE(

WP.No.11666 of 2OZz

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DISPOSING OF THE WRIT PETITION

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WITHOUT COSTS.

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Kamani Madhusudhan v. The State of Telangana and 2 others

Case brief

What is this about?

What did the court decide?

Kamani Madhusudhan v. The State of Telangana and 2 others

Case brief

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What did the court decide?

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