Disposed

Marwadi Hindi Vidyalaya , v. The State of Telangana

Telangana HC19 Mar 2024WP/7120/2024

Case brief

AI extract

What is this about?

This High Court disposed of a Writ Petition seeking issuance of a Writ of Mandamus to declare the inaction of authorities on complaints regarding illegal construction by neighboring respondents. Directing the authorities to take further action and consider explanations expeditiously.

What did the court decide?

The respondents-authorities are directed to take further action in the matter by considering explanations, if any, submitted by the unauthorized construction respondents.

Marwadi Hindi Vidyalaya , Vs The State of… — Environment and Pollution | Telangana HC (2024)

¶1

[³¹⁶⁶ I

¶2

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

¶3

TUESDAY, THE NINETEENTH EAY OF ['ARCH TWO THOUSAND AND TWENTY FOL,R

¶4

PRESENT

¶5

. THE HONOURABLE SRI JUSTICE T.VINOD KUMAR

¶6

WRIT PETITION NO: 7120 OF 2024

¶7

Between:

¶8

Marwadi Hindi Vidyalaya, A society registered vide No. 20 of 1952, Having Office at 14-7-17011, Begum Bazar, Hyderabad, T.S., Rep. by its Secretary Sri Sandeep Saboo, S/o Sri Ramvilas Saboo, aged about.50 years, Occ- Doctor, Rl/o. 3-5-14413, Eden Garden, Ramkote, Hyderabad, T.S .

¶9

...PETITIONER

¶10

AND

¶11

1 The State of Telangana, Rep by its Principal Secretary, IVunicipal Administration and Urban Development Dept, Secretariat, Hyderabad.

¶12

2 Grealer Hyderabad lrilunicipal Corporation, Rep by its Commissioner Tank Bund, Hyderabad

¶13

3 The Deputy Commissioner, Greater Hyderabad Municipal Corporation Circle No.'l4,Goshamahal, Abids, Hyderabad District.

¶14

4 The Asst City Planner, Greater Hyderabad Municipal Corporation Circle No.l4,Goshamahal, Abids, Hyderabad District.

¶15

5 Krishna, S/o. Not Known, Aged about. 54 years, Occ. Business, President of Harijan Sevak Mandali, No. 14-7-165, Opp. Ganesh Temple, Chudi Bazar, Hyderabad- 500012.

¶16

t) Dharmender, S/o. Hanumanth Rao. Aged about. 52 yea$, Occ. Govt. Servant, Secretary of Harijan Sevak Mandali, No. 14-7-165, Opp. Ganesh Temple, Chudi Bazar, Hyderabad- 500012.

¶17

7 Harijan Sevak Mandali, Rep. by its Secretary, R/o. 14-7-165, Opp. Ganesh Temple, Chudi Bazar, Hyderabad- 500012.

¶18

...RESPONDENTS

¶19

Petition under Article 226 of the Constitution of lndia^{praying that in the} circumstances slated in the affidavit filed therewith,^{the High Court may be} pleased to issue a direction or order more particularly in the nature of Writ of lVlandamus declaring the inaction on the part of the Respondents NO 21o^{4 on}

¶20

& t:

¶21

the complaints^{of the Petition et D1jO-02-2O24, 14-O2-2O24,19'02-2024 against} the Respondents^{No. 5 lo B for the illegal unauthorized constructions of windows,} door stair case^{carriedout by Respondent No 5 to 8 in premises bearingM. No.} 14-7-17o, admeasuring^{736 Sq' yards situatedat Shanker Bagh, BegumBazar,} Hyderabadin violation^{of Municipal bye laws builiJingrules and regulations andln} violation of TS-bPASS^{Act,zO2O as illegal and in violationof the provisions of} Greater Hyderabad^{lvlunicipalcorporation Act apart from rights guaranteedunder} constitution^{of lndia and consequentlydirectthe RespondentNo.4 to demolish} the illegal^{andunauthorised constructionof RespondentNo 5 and 8in premises} bearing M.^{No. 14-7-170, admeasuring 736 Sq. yards situatedat shankerBagh,} Begum Bazar,^HYderabad.

¶22

IA NO :1 OF^2O24

¶23

Petition under^{section 151 cPCpraying that in the circumstances statedin} the affidavit^{filed in support of the petition, the High Court maybe pleased to} direct the^{RespondentsNo.2 and 4 to stop the illegal and unauthorized} construction^{activity of the RespondentsNo. 5 to 8 in premisesbearing M. No.} 14-7-17O, admeasuring^{736 Sq- yards situatedat Shanker Bagh, Begum Bazar,} Hyderabad.

¶24

Counsel for the^{Petitioner: SMT.D.PADMAVATHI}

¶25

Counsel for the^{Respondent No'1 : GP FOR MCPL ADMN URBAN DEV}

¶26

CounselforRespondentsNo.2to4:SRIK.SIDDHARTHRAO,SCFORGHMC -- Counsel for the^{Respondent No.5to7 :}

¶27

The Court^{made the following:ORDER}

¶28

THE HON'BLE SRI JUSTICE^{T. VTNOD KUMAR}

¶29

Writ Petition No.7120 of²⁰²⁴

¶30

ORDER:

¶31

This Writ Petition is filed^{for issuance of a Writ of Mandamusto} declare the^{inactionon the part of respondentNos.2 to 4 on the} complaints of the^{petitioner dt.10.02.2204, L4.02.2024and 19.02.2024} against respondent^{Nos.5 to 8for the illegal andunauthorized} construction of^{windows and door stair casecarr'redby respondentNos's} to 8 in^{premises bearingM.No.14-7-U0 admeasuring 73 square yards} situated at Shanker^{Bagh, Begum Bazar, Hyderabad,in violation of} Municipal Bye-laws^{BuildingRulesand Regulationsand in violation of TS-} bPASS Act, 2020, as being^{illegal and in violationof the provisions of the} Greater Hyderabad^{Municipal CorporationAct,1955(for short,'theAct')} apart from rights^{guaranteedunder Constitutionof India, witha} consequential direction to^{respondent No.4 to demolish the illegaland} unauthorized construction^{being made by respondent Nos.5to B in the} said^premises.

¶32

Heard learned counsel for the^{petitioner, learnedGovernment} Pleader for Municipal^{Administration and Urban Development appearing} for respondent No.1 and^{Sri K.Siddharth Rao, learned StandingCounsel,} appearing for^{respondent Nos.2 to 4 and with the consentof the learned}

¶33

¶34

counsel appearing for the parties, the Writ Petltion is taken up for hearing and disposal at the admission stage.

¶35

Having regard to the manner of disposal of the Writ Petition at the admission stage and the /s involved in this Writ Petition, this Court is of the view that notice to unofficial respondent Nos.5 to 7 is not necessary for adjudication of the^present Writ Petition.

¶36

Petitioner contends that it being a registered society had obtained the subject^premises along with open land on lease and has been running a school therein; and that the unofficial respondents 5 and 6 claiming to be office bearers of the 7th respondent, who are neighbours to the petitioner on the southern side, have started making construction of steps to their property from the^petitioner's school^premises.

¶37

Petitioner further contends that the said construction undertaken by the unofficial respondents is without any^permission or sanction from the authorities and also without having any right over the subject^premises belonging to the^petitioner's school, which has been^given on lease.

¶38

Petitioner further contends that on the unofficial respondents undeftaking the aforesaid unauthorized and illegal activity, it had approached the respondents-authorities and submitted representations dt.10.02.2204, 74.02.2024 and 19.02.2024 bringing to the notice of the authorities the said unauthorized and illegal acts being resorted to by the !-

¶39

-.=.."

¶40

¶41

unofficial respondents^{and sought for action being taken thereagEinstand} in spite of the same,^no action^{is taken.Hence, thisWrit Petition.}

¶42

¶43

¶44

Per contra, learned Standing^{Col.rnsel appearing on behalf of} respondent Nos.2 to⁴ submits^{that on receiving the representations from} the^peiitioner, the^{respondents-authoritieshave caused inspectionand} issued a notice dt.01.03.2024^{under Section 461(1)of the Act to the} unofficial respondents^{calling upon them to submit documents/recordsfor} undertaking construction^{from the petitioner's property. Inasmuch as} neither explanation^{nor documentswere submittedby the unofficial} respondents, the authorities^{on expiry of the time granted have issuedthe} show cause notice^{dt.16.03.2024with regardto the unauthorized and} illegal construction of^{staircase as being madeand directedthem to} submit their explanation^{withinseven daysfrom the date of receipt of the} said notice.

¶45

8 Learned Standing Counsel^{furthersubmitsthat the respondents-} authorities having^{initiatedaction by issuing schow cause noticewould} take further actionⁱⁿ the^matter'

¶46

I have taken^note of^{the respectivecontentionsurged.}

¶47

Having regard to^{the submissions made as above, sirrce the} respondents have^{nowinformedto this Courtof the authoritiestaking} action against the^{unauthorized and iltegalconstructionof staircase being}

¶48

¶49

¶50

made by the unofficial respondents from the petitioner,s property by issuing show cause notice dt.r6.o3.2oz4, this court is of the view that the respondents-authorities should be directed. to take further action in the matter by considering the expranation , if any, submitted by the unofficiar respondents to the show cause notice by following due process of law, in an expeditious manner.

¶51

11 Subject to above direction, the Writ petition is disposed of. No order as to costs.

¶52

L2. Miscellaneous petitions, if any, pending in this writ petition shall

¶53

stand closed.

¶54

SD/.MOHD. ISMAIL ASSISTANT REGISTRAR

¶55

//TRUE COPY//

¶56

sesl&orncen

¶57

To, 1. The Principal secretary,^{MunicrpalAdministrationand Urban Development} Deot. Secretariat, State^{of Telangana,Hyderabad}

¶58

2 ih[-'Cilmisiioner,^{GreaterHy-derabadMunicipal Corporation, Tank Bund,} S. fli" Hvderabad^-Dtpri, Commissioner,^{Greater Hyderabad Municipal CorporationCircle} No.14 ,Godhamahal, Abids,^{HyderabadDistrict} , .

¶59

+. ine n'sit. city^{plahner, Gr6aterHyderabad Municipatcorporationcircle} No.l4,Goshamahal,^{Abids, HyderabadDistrrct.}

¶60

One CC to SMT.D.PADMVATHI,^Advocate IOPUC]

¶61

6.Tn"oCCstoGPFORMCPLADMNURBANDEV,HighCourtfortheStateot Telangana. [OUTI

¶62

T one ic to sRt K.SIDDHRATH^{RAO, SC FORGHI\4C} [OPUC] 8. Two CD Copies. BSK

GJP .'M'

HIGH COURT

DATED:1910312024

/':':
.,,,,:.;..,'
/.<-,3
.l
L, ',!- E !1.: ,'.t
"k
+. .*.,
,- * /'/
-.i l;-'.a ii..'.,1'). . "
---_ -_-- -,_--,--

¶67

ORDER

¶68

WP.No.7120 o12024

¶69

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

Marwadi Hindi Vidyalaya , v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Marwadi Hindi Vidyalaya , v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/s.Akshaya Developer Vs The state.of Telangana

M/s.Akshaya Developer Vs The State of Telangana

Lailaunnisa Begum Vs The State of Telangana

P. Vittalaiah and Brothers Vs The Government of Andhra Pradesh

Mahmood Builders Pvt. Limited, Vs the State of Telangana

Giri Raj Jain Vs The State of Telangana