Disposed

Mandal Ashok Kumar v. The State of Telangana

Telangana HC28 Mar 2022WP/14085/2022

Case brief

AI extract

What is this about?

The High Court of Telangana disposed of a writ petition filed by Ashok Kumar seeking a direction to the Malkajgiri Municipality to consider his representation dated 15.06.2021. The Court directed the commissionerto issue guidelines to ensure future consideration of such representations within a stipulated timeframe.

What did the court decide?

Directions to the respondents to pass appropriate orders on the petitioner's representation dated 15.06.2021 within ten days.

Mandal Ashok Kumar Vs The State of… — Constitutional and Fundamental Rights | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Speciat Originat Jurisdiction)

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IMONDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI

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WRIT PETITIO N NO: 14085 0F 2022

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Between:

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l,4andal Ashok Kumar, S/o L-ate lMandalsathaiah Aged About 61 year. Occ.Business Rl/o H. No. 5-60, Near Mahankati Teftpte, Otd Matkajgiri, Hyderabad -500047

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...PETITIONER

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AND

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1 iPP^1:l:^?lI.l3T?p,^{Rpnb.v its principat secretrv,Muncipar} Aomtnrstratton and urban Development Department, Secretaiiat, Hyderabad

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2 The Greater Hyderabad tVlunicipar corporation, '''-"' -r'-rRep.by its commissioner. Tankbund Road, Hyderabad

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3 The JMalkajgiri Municiparity, Represented by its Deputy commissioner- circre No. 28. Malkajgtri. N/edch-at-Mjtkalgiri distiitt^{- - ---''}

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4 Munnuru Pajjma, w/o Sri Murmur Chandrappa Aged about 62 year, Occ. House wife Rl/o H.No. 5-50/2, Second Fi;;,-Ho;;a; so*ur,ugyiNiLyl Old Malkajgiri, Medchat-Matkajgiri districi

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...RESPONDENTS

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Petition under Articre 226 of rhe constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or Direction More particurar one in the nature of mandamus, forthwith direct respondent No.3, to considering petitioner representation dated 1sr0612021 and regurar foilow up, by deriving its untrammeled, unrimited, unfettered powers, under articre 226 of constitution of lndia and inconseq ue ntia ily direct the respondent No.3 to the writ petition, to make ensure that, no ilegar structure is further done, on the writ schedured property.

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lA NO: 1 oF 2022

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Petition under section 1s1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to Direct Respondent No.3 to Demolish the illegal structure Made in the property IVlunicipal House Bearlng H.No. 5-144, Land Admeasuring 220.0 Square yards or 183.92 square firletres, with a Plinth area of 200.0 sft. of ACC Roof, situated at Old Malkajgiri, Malkajgiri, the then Malkajgiri Ir,/unicipality, now under GHMC, Malkajgiri circle, Malkajgiri Mandal, the then Ranga Reddy District, New MedchalMalkajgiri-district and Pass

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Counsel for the Petitioner: SRI M. RATAN SINGH

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Counsel forthe Respondent No. 1: Gp FOR MCPLADMN URBAN DEV Counsel for the Respondent Nos. 2 & 3: SRI CHATLA MADHU, SC FOR GHMC Counsel forthe Respondent No. 4: --

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The Court made the following: ORDER

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THE HON'BLE SMT. JUSTICE^{LALITHA KANNEGANTI} WRIT PETITION No. t4O8S OF 2022

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ORDER:

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This Writ Petition is filed seeking a direction to^{the 3'a} respondent to consider the representation dated^15.06.2O21 submitted by the petitioner.

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The petitioner submits that there are civil disputes pending between the parties and an interim order was also^passed by the XM Additional District and Sessions Judge,^{Malkajgiri not} to create any third^party litigation.^While this^{being so, basing on} the Application made by the {*r respondent,^{buildingpermission} was accorded to him. Immediately, the^{petitioner is stated to have} made the representation, but the same^{was not considered by the} respondents.

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Learned counsel for the^petitioner Sri M,^RatanSingh submits that though the representation^{of the petitioner is dated} 15.06.2021, the authorities have not considered the^same till^now. 4. None appears for the respondent^Corporation. 5. This Court, day in and day out has^{been observing} that in a large number of cases,^{the respondentauthorities have} not been considering the representations^{stated to have been filed} by the individuals, thereby driving the^parties to^{invoke the} jurisdiction of this Court under Article 226 of the Constitution of

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India. Consequently, this^{Court is floodedwith the Writ Petitions} seeking a direction^{to the respondentauthorities to consider and} dispose of the^{rePresentations} '

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The Commissioner,^{Greater Hyderabad Municipal} Corporation shali^{therefore, look into this aspect and issue proper} and necessary^directions /^{guidelinesto the authoritiesconcerned} to consider^{and dispose of the representations submitted by the} parties, within a stipulated^time-frame.

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7 . This Writ Petition^{is accordingly, disposed of directing} the respondent authorities^{to pass appropriateorders on the} reorientation dated^{15.06.202 1 of the petitioner within ten days} from today. There^{shall no order as to costs}

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The miscellaneous^{Applications,if any shail stand}

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closed.

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SD/-G.SIREESHA

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ASSISTANT REGISTRAR //TRUE COPY//

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SECTION OFFICER

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To,

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1 The Principal Secretrv, Muncipal Administration and Urban Development Department, State of Telangana, Secretariat, Hyderabad

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2 The Commissioner, Greater Hyderabad Municipal Corporation, Tankbund Road, Hyderabad.

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? The Deputy commissioner, Malkajgiri Municipality, Circle No. 28. Malkajgiri, Medchal-Malkajgiri district

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4 One CC to SRI M. RATAN SINGH Advocate [OPUC] E One CC to SRI CHATLA MADHU, SC FOR GHMC IOPUC]

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

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7 Two CD Copies.

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B One spare copy.

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NPJ SB

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HIGH COURT

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DATED:2810312022

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S ,4
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ORDER

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WP.No.14085 of 2022

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DISPOSING OF THE WRIT PETITION

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WITHOUT COSTS.

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( A

Mandal Ashok Kumar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Mandal Ashok Kumar v. The State of Telangana

Case brief

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