✦ High Court of India · 03 Jan 2025

High Court · 2025

Case Details High Court of India · 03 Jan 2025
Court
High Court of India
Decided
03 Jan 2025
Bench
Not available
Length
1,073 words

sri.Nallamothu Karvan Kumar, s/o: Nalamothu srinivasa Rao, aged about 24 years, occ. Busiriess, ruo n.ruo..a-bil4o6i4o1',"'i{;;, Hanuman Tempte, Dhyanish Towers, Bandari Layout, Nizamp"tl r,rflitf,ii-lrrruf "tisiri ...PETITIONER AND ,| 2 3 4 5 The State of Telenoana Rep by its principal Secretary Municipal Administration Rnduroin o'e*iropreni-{rii,6it"y"oil's""r"tariat, Hyderabad Il"_I:llqqr_l!unicipatity, Rep_by its Commissioner, reilapur, Kamachandrapura m mandal, Sanga Reddydist Illry9^qlqbrdt/etropotitan Devetopment Authority, Rep by its uommtsstoner. Swama Javanthi complex, Maitrivanam, Am'eerpet, Hyderabad M/s Magna lnfratech LLp, having its Registered office at Flat No.2.10, A_Block, Magnus opus, cyber Hils, Road No.i, 6;"hibilii, t-ii"rao",i r."p 6v iL-'--'" Ma na ging Pa rtnei, Madad i S rima n sto' trrt joioi r<o riori irro M/s.Ml CASA, registered office.at plot No.156, Ground Floor, Road No.12, MLA.Colony, Banjara Hi[s, HyderabaO nep Ol its Flrt-ner. Sri'nignrrE"i-' Ramineni S/o Lati: Arjun Rao ...RESPONDENTS Petition under Articre 226 oI the constitution of rndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue writ, or writs, order or orders more particurarry in the nature of mandamus thereby declaring the in action of the Respondents herein on the representation, dt.2411.212024 made by the petitioner, to take appropriate legal action on authorised constructions in and over land in sy. No.1 92 to .l 99,2.1 5 and 2'16 situated at Bhavani Nagar Layout, Koflur vifiage, R.c.puram mandar, sanga Reddy dist by the Respondent No.4g65 as iflegar, arbitrary and one without jurisdiction and against the provisions of law and contrary rights guaranteed under 300-4 of constitution of lndia and consequently direct the Respondent No.2 to3 to consider the represeltations dated 241122024 made by the Petitioner and take appropriate legal atlion on un authorised constructions in over in Sy.No.192 to 199,215 and 216 situated at Bhavani Nagar Layout, Kollur village, R C.Puram mandal, Sanga Redd'7. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in r;upport of the petition, the High Court may be pleased to direct the Respondent No 2 to 3 to consider the representation dated 2412.2024 made by the Petitioner an,C take appropriate legal action on un authorised constructions in and over land irr Sy.No.192 to 199,215 and 216 situated at Elhavani Nagar Layout, Kollur village, R.C.Puram mandal, Sanga Reddy dist by lhe Respondent No.4&5. Counsel for the Petitioner: SRI VSRMV PRASAD SANAKA Counsel for the Respondent No.1: AGP FOR MCPL ADMN URBAN DEV Counsel forthe Respondent No.2: SRI KRISHNA REDDY PUTTA, SC Counsel forthe Respondent No.3: SRI V. NARASIMHA GOUD, SC Counsel for the Respondent Nos.4 and 5:--- The Court made the following: ORDER 1 .'ry HON'BLE SRI JUSTICE K. LAKSHMAN WRIT P ETI TION No.73 0F 202s ORAL ORDER: Heard Sri VSRMV prasad Sanaka, learned counsel for the petitioner, learned Assistant Government pleader for Municipal Administration and Urbal Development for respondent No.1, Sri Krishna Reddy putta, learned standing counsel appearing for respondent No.2 ancl Sri V. Narasimha Goud, learned standing counsel appearing for respondent No.3. perused the record.

2. Petitioner is claiming that he is the absolute owner and possessor of open plot Nos.239 and 240-F,, admeasuring 1OOO sq.yds., forming part of sanctioned layout plan of Sy.No. 192, situated at Bhavani Nagar of Kollur village, Ramachaldrapurarn Mandal, Sanga Reddy District, on the strength of a registered sale deed bearing document No.31592 of 2024, dated 12.Og.2023. Respondent Nos.4 and 5 are making construction in ; I Z Sy.Nos. 192 t,o lgg, 215 and 216 situated in llhavani Nagar La1'6v11, Kollur Village, without olltaining permission [r'om respondent No'2 municipality' Therelore' petitioner has submitted a represer-r tation dated 24.12.2024 t.o respondent Nos'2 and 3 with a rtlquest to take actior:L against respondent Nos'4 and 5' Despite receiving arcl acknowledging the said representation' respondent Nos.2 and 3 did not act upon the same' Aggrieved by the said inaction of respondent Nos'12 and 3' petitioner filr:d the present writ petition'

3. ThougLL the petitioner is claiming that he has submittecl ttLe aforesaid representation to respondent Nos.2 ancl :1, he has not filed proof of service of represental,if,n on respondent Nos'2 and 3' He has filed only postal receipts. Even then, he has filed the present writ petition seeking a direction to respondent N'rs'2 and 3 alleging rLon-consideration of the said reprer;':ntation' However, learned standing counsel for respontl':nt No'2 I t. I 3 has produced the written instructions of respondent No.2 stating that respondent Nos.4 and 5 have already obtained permission from respondent Nos.2 and 3 for construction and if there is any deviation or violation of the same, respondent No.2 will take action against respondent Nos.4 and 5. The said written instructions are placed on record. I I I I 4, In the light of the same, this writ petition is disposed of granting liberty to the petitioner to submit a fresh representation to respondent No.2 specifically narrating the deviation in construction, if any, made by respondent Nos.4 and 5 and request respondent No.2 to take action against respondent Nos.4 and 5. On filing such representation, respondent No.2 sharl consider the same and take action, strictly in accordance with the procedure laid down under Telangana Municipalities Act, 2019. ln the circumstances of the case, there shall be no order as to costs. / 4 As a serluel thereto, miscellaneous petition:;' if any' pending in tlre Writ Petition shall stand closed' //TRUE COPY// ASSI S D/. T.JAYASREE GISTRAR STANT RE 'l\l-- *,- Jdtcrtor.t OFFICER to'", - an" Principal Secretary Municipal Administration And Urban Development Authoritv oro s*cretiJilt,,ih;54;;i T"t"ng'n'' Hvderabad 2 The Commiss;ioner, The Tellapur Municipality' Tellapur' Ramar;handrapuram -' *rnOat, Sanga ReddY dist 3. The Commissroner' The Hyderabad Metropolitan Development Authority' [/6fi iii'*' A'h""tpet' Hvderabac Swarna Javantht "";;i&"

4. One CC to Sri VSRMV Prasad Sanaka' Advocate IOPUC] ,,-#?r: ?i,,i" S i:"; S:?,':: %1',ii$',l Sffi lurYf 6. One CC to Sri Krishna Reddy Putta' SCIOPUCI 7. One CC to Sri V Narasimha Goud' SC[OPUC] 8. Two CD CoPies TJ BSR a n D eve I o p m e n t' H i s h co u rt HIGH COURT DATED:0310112025 ORDER WP.No.73 o12025 ) i:c SI,li€ (), c'- a: 0 7 lilAir zoz5 \ * D t\: * g-O DISPOSING OF THE WRIT PETITION WITHOUT COSTS a as

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