A writ petition under Article 226 and Section 151 CPC filed by an advocate seeking action against illegal construction of sheds on her land by her clients. The Bhupalpally Municipality had received a representation but not taken action. The sole judge directed the municipality to consider the representation and initiate appropriate action.
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132521
IN THE HIGH COURT FOR THE STATE OFTELANGANA . AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THE EIGHTEENTH DAY CF JULY TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION NO: 18678 OF 2023
Between:
Ganta Sujatha, Wo. Sa njeeva Reddy, Aged about 60years, Occ Housewife, R/o.H.No.'1 -7-1297, Road No.5, Advocates Colony, Hanumakonda, Hanumakonda district.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution oflndia praying that in the circumsiances stated in the affidavitfiledtherewith, theHigh Courtmay be pleased to issue a writ, order or direction,particularly one in the nature ofWrit of Mandamus, declaring the action ofthe respondent No- 2 in not taking any action against the construction cf shedconstructedin the land covered Sy. No.323/2,
admeasuring Ac 0 20 gts. situated at Ir/RO Office road. in front of Govt. High School, Bhupalpally, Jayashankar Bhupalpally district by the respondents 3 to 6 without obtaining permission from the 2nd respondent despite of bringing to his notice by representat on dated 20 06. 2023 as the same is illegal, arbitrary and consequently direct the respondent No. 2 to take action against the construction of shed constructeo rn Sy.No.323/2 srtuated at MRO Office road, infront of Govt. High School, Bhupalpally Jayashankar Bhupalpally district, by the respondents 3 to 6.
lA NO: 1 OF 2023
Petition under Sectron 151 CPC praying that in the circumstances stated in the affidavrt filed in support of the petrtion, the High Court may bepleased to direct the respondent No.2 to take action on the construction of shed constructed in Sy. No. 323/2, admeasuring Ac.0 20gts, srtuated at MRO Off ice road, in front of Govt High Schocl, Bhupalpally, Jayashankar Bhupalpally district', by the respondents 3 to 6 pursuant to representation dated 20. 06.2023, served on them on 20.06.2023.
Counsel for the Petitioner : SRI A.PRABHAKAR RAO
Counsel for the Respondent No.1 : GP FOR MCPL ADMN URBAN DEV
Counsel for the Respondent No.2 : SRI M.RAM MOHAN REDDY,
SC FOR MUNICIPALITY
The Court made the following: ORDER
HON'BLE MRS JUSTICESUREPALLI NANDA IT PETITI o 6 2
9BDEB:
Heard tearned counselfor the petitionerand learned Government Pleaderfor Municipal Administration and UrbanDevelopmentDepartment appearing for respondentNo.1, Sri M.Ram Mohan Reddy, Iearned StandingCounsel forMunicipality appearing for resPondentNo.2.
"To issue a writ order or directionparticularly one in the nature ofWrit of Mandamusdeclaring the action of the respondentNo'2 in not taking any action against theconstructionof shed constructed in the land covered Sy.No.323/2,admeasuring Ac.O.20gts, situated atMROOfficeroad, in front of Govt. High School,BhupalpallyJayashankar Bhupalpally district bythe respondents3 to6 without obtainingpermissionfrom the2nd respondent despite of bringing tohis notice by representation dated20.06.2023as the sameis illegal arbitrary andconsequentlydirect the respondent No.2 to takeaction against the construction of shedconstructedin Sy.No.32312 situated at MRO Officeroad in front of Govt.High School BhupalpallyJayashankarBhupalpallydistrict by the respondents3 to 6 and pass such other
2
order or orders may deem fit andproper in the circu m sta nces of the ca se."
sfl,J
structures in petitioner's subject land in Sy.No.323 of
Bhupalpally Village, in accordance to law and in conformity with the principles of natural justice, within a reasonable period.
Miscellaneous petitions, if any, pending in this Writ
1 Petition, shall stand clgSed. . _
s D,-AtsRE E RAHt 3l SiIXX
//TRUECOPY// sESBNoFFrcER
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I I
HIGH COURT
DATED:1810712023
ORDER
WP.No.18678 of 2023
DISPOSING OF THE WRIT PETITION WITHOUT COSTS
v' g
2 issues framed by the court
Whether the municipality corporation is liable to take action on illegal construction initiated upon representation by the petitioner?
Whether an order directing the administration to consider a prior representation and initiate action within a reasonable period is within its jurisdiction under Article 226 and Section 151 CPC?
Ganta Sujatha
State of Telangana
Bhupalpally Municipality
Renikuntla Sambaiah
Renikutla Sanjeev
Renikuntla Ravi
SUREPALLI NANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
