Writ petition challenging non-action on representation regarding unauthorized construction where a civil suit for specific performance is pending. Court directed authorities to act within four weeks.
Directed respondent authorities to take appropriate action on the petitioners representation dated 28.12.2021 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)
TUESDAY ,THE TWELFTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO: 2530 OF 2022
Between:
lt4ohammed Farooq Uddin, S/o. It/ohammed Taj Uddiri, R/o. H.No. 2O-421 41 19, lt[oligalli, Qilwath Road, HYD
,,.PETITIONER
AND
...RESPONDENTS
Petition under Arlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the Hioh Court may be pleased to pass an order or orders one in the nature of WRIT OF N/ANDAN/US declaring the action of the respondent No 2 and 3 for not considering the representation dated. 28-12- 2021 made by the petitioner for proceeding with illegal construction over the petitioner property i.e., property bearing N/.No.20-4548 admeasuring 153 Sq. yds or equivalent to 128.25 Sq. IVleters, situated at Anand A,4ahal, Qilwath IVlubarak, Hyderabad in spite of a Comprehensive suit for Specific performance of Contract which is pending before the Hon'ble XVlll Additional Senior Civil Judge, CCC, Hyderabad, and dectare the same as illegal, arbitrary, against the principles of Natural Justice, against law, violation of Arlicle 300-4 of the constitution of lndia.
lA NO: 1 OF 2022
Petition under Section 151 CPC praying thal in the circumstances stated in the affidavit filed in supporl of the petition, the High Court may be pleased to direct the respondent No.2 and 3 to stop the illegal construction made by the
respondent No. 4 without any sanction plan on property bearing M. NO.20-4-548 admeasuring 153 Sq. yds or equivalent to 128.25 Sq. It4eters, situated at Anand Ir,4ahal, Qilwath l\4ubarak, Hyderabad and pending disposal of the above Writ Petition.
Counsel for the Petitioner:SRl. SURESH SHIV SAGAR
Counsel for the Respondents No.1: GP FOR MCPL ADMN URBAN DEV
Counsel for the Respondents No's 2&3:SRl PASHAM KRISHNA REDDY(SC FOR GHMC)
Counsel for the Respondents No.4: NONE APPEARED
The Couft made the following: ORDER
HON'BLE SMT, JUSTICE LALITHA KANNEGANTI
WRIT PETITION No.253O ot 2a22
ORDER:
This writ petition is filed questioning the action ol tl-re respondent Nos.2 and 3 for not considering the representation dated 2a.12.2021 made by the petitioner for proceeding with i1lega1 construction over the petitioner property bearing M.No.2O-4-548 admcasuring 153sq.varcls situated at Anand Mahal, Qilu,ath Mubarak, Hl,dcrai: arc1 in spite of a comprehensive suit for specific perform:rnce of contract pending before XVIII Adclitional Senior Civil .hrdge, City Civil Court, Hyderabacl as illegai and arbitrarl'.
w.I'].No.25 30 ol 202 2
2
and i11cga1 activitics are going on in the said premises. In spite of the above said civil suit pending, r'espondentNo.4 is going ahead with illegal construction without obtaining any valid permission from the respondents. In this regard, the petitioner kras made a representation dated 2a.I2.2021 to the respondents and the respondents failed to consider the same. Hence, the petitioner is constrained to approach this court by filing the present writ petition.
3- Mr. Pasharn Krishna Reddy, learned Standing Counsel for GHMC appearing for responderit Nos.2 and 3 submits that as far as the civil disputes pending between the petitioner and ur-r offici< respondent, they are not concerned r'vith the same and as far as illegal constrr-rctions that are made by the unofficial respondent, they will take arppropriate action in accordance with 1aw.
W.P.No.2530 of2022
3
copl.'of the order. No order as to costs
Miscellaneous petitions, if any pending in thisu'rit
petition shall stand closed.
\
SD/.P.PADMANABHA REDDY ASSISTANT REGISTRAR Lfr //TRUE COPY/I
SECTION OFFICER To, 1 The Principal Secretary, IVunicipal Administration and Urban Development Qepartment,State of Telangani.Secretar,at,nyOeraOaa 2 The Commissioner, Greatei Hyderabad n/rilciri,f-Coiporation, At Tank Bund, Hyderabad. 3 T.he Assistant city Pranner, Greater Hyderabad Municipar corporation, circre No.9. At, Hyderabad. 4. One CC to SRl. SURESH_SH|V SAGAR Advocate tOpUCl 5 fwo ccs to Gp FoR MCPL ADrvN URBAN Oev,nigh coirrt tor tl-re state of Telangana. [OUT] 6. 9ne CC to SRt PASHATV KRTSHNA REDDY (SC FOR GHIVC), Advocate loPUCl 7. Two CD Copies. 8. One Spare Copy. GB SBry
HIGH COURT
DATED:1210412022
z
26 AF;l2il22
ORDER
WP.No.2530 of 2022
DISPOSING OF THE WP
WITHOUT COSTS.
3 issues framed by the court
Whether the High Court should direct the respondent authorities to consider the petitioner's representation regarding unauthorized construction in a pending civil dispute.
Whether the High Court can interfere in cases where there is a pending civil suit for specific performance of contract.
Whether the authorities are obligated to take appropriate action on the petitioner's representation within a specified time.
1 provisions across 1 enactments
Mohammed Farooq Uddin
State of Telangana
Commissioner, Greater Hyderabad Municipal Corporation
Assistant City Planner, Greater Hyderabad Municipal Corporation
Mohammed Sardar Khan
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
