Nimmala Samanita vs The State of Telangana and 2 Others

HIGH COURT FOR THE ST (sp"; i, ; llls 3i :::,t}sfj{$ : Ar HYD E RABAD FRIDAY, THE F, 'wo' rH o]i s?X,BTrrJ#Jn iE ru R y THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI PRESENT WRIT PETI o O:57760F 22 Between: AND [lTiffi :ffi3fl 8!lll,?Jl'S j?i,lHl3i,p,fi Ifl aif t*B:H",3,l"Br,nycoHNo4.14, ...PETITIONER 1.

The State of Telanoana.

J\/.A + qp Department, Secretariat Buildings, Secretariat, Hyderaiad,'Rep. by iG F;;;;j;j S"'.;,il,y.

2 The Hyderabad Metrooorikn Dev^eropment Authority, Maitrivanam, Ameerpet, Hyderabad, Rep by its Commrssroner.

3' M/s Prem constructions, Rep by its chairman, Sri M.prem Kumar, Viila No.155.

Ra mky park, H rr/T, Sathavah, n j r.r, g; rl opi.' k-Cii: c"i""v, ft iil;ity,''" "", Hyderabad - 500 072. ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of lvlandamus declaring the action of the 2nd respondent in not considering the representation dated 9.12.2021 made by the petitioner for declaring that only one Plot i.e., PIot No.763, admeasuring 409 Sq. yards exists in the layout of ltrlatrusri Cooperative Housing Building Society vide Layout No.2209/MP2 / PLG /H/90, is highly illegal, arbitrary and in violation of Article 14 of the Constitution of lndia and consequently direct the 2nd respondent to dispose of the representation dated 9.12.2021 made by the petitioner for declaring that only one Plot i.e., Plot No.763' admeasuring 409 Sq. yards exists in the layout of lrlatrusri Cooperative Housing Building Society vide Layout No.2209/MP2 / PLG /H/90. lA NO: 1 OF 2022 PetitionunderSectionl5lCPCprayingthatinthecircumstancesstatedin theaffidavitfiledinSUpportofthepetition,theHighCourtmaybepleasedtodirect the2ndrespondenttodisposeoftherepresentationdatedg,l2. datedg,l2.202lmadebythe petitioner for declaring that only one Plot ie, Plot No 763' admeasuring 409 Sq' yardsexistsinthelayoutoflr,4atrusriCooperativeHousingBuildingSocietyvide LayoutNo.220gtMP2lPLG/Wgopendingdisposalofthewritpetition. ln the circumstances stated in n '151 CPC Praying that Court may be Pleased Petition under Sectio of the Petition' the High Plot No'763' 763/1' 76 the affidavit filed in suPPort ake any construction in & 763/6 situated at Sy.No.54' HafeezPet Village, the 3rd resPondent not to m ga ReddY District' Pending disPosal of the writ petition.

76312, 76g/3, 76314' 76315 SherilingamPalli Mandal' Ran to direct st2lPan' Counsel for the Petitioner: SRI V'V'N' NARAYANA RAO Counsel for the Respondent No'1: GP FOR MUNICIPAL ADMN' & URBAN DEV' Counsel for the Respondent No'2: SRI Y'RAMA RAO' SC for HMDA Counsel for the Respondent No'3: None Appeared The Court made the following: ORDER THE HONOURABLE SMT.JUSTICE P.MADHAVI DEVI w.P.No.5776 of 202c ORDER: This writ petition has been filed seeking a writ of mandamus declaring the action of the 2nd respondent in not considering the representation dated O9.12.2027 made by the petitioner for declaring that only one plot bearing No.763, admeasuring 4O9 square yards exists in the layout of Matrusri Cooperative Housing Building Sociery vide layour No.22O9 lMp2/pLc/H/gO, as illegal, arbitrary and in violation of Article 14 of the Constitution of India.

2.

It is the case of the petitioner that he is the owner of the land, which is adjacent to plot No.763 in Matrusri Cooperative Housing Building Society.

It is his case that some persons are trying to construct houses in his land by claiming the land to be Plot Nos.763 lI, 763/2, 76313, 763/4, 763/5 and 76316, of Matrusri Cooperative Houseing Building Society layout whereas, according to him, there are no sub divisions of the Plot No. e Plot No.763 of the layout of Matrusri Cooperative Housing Building Society and therefore, the said persons are trying to encroach upon his land with false claims.

3.

In view of the same, he has made representation to the 2nd respondent seeking information with regard to the existence of only one Plot with Plot No.763 in the layout of the said Society' The petitioner had also sought information under RTI by making representations.

The lrd 165p6ndsnt had directed the GHMC to f { PMD.

J W P.No.5ll6 0f2022 1 give information which GHMC mentions that since the Iayout is approved by the HMDA' copies are available with the HMDA oniy' Thus, the petitioner was not given the information he had sought for.

Therefore the petitioner has filed the writ petition before this Court.

4 After going through the material on record' it is deemed fit 2.d respondent to dispose of the and ProPer to direct the representation of the petitioner dated Og '12 '2021 within a period of three weeks from the date of receipt of a copy of this order duly intimating about the existence of Plot No'763 and also whether there exist piots bearing No'763/ 1 to Cooperative Housing Building Society' 76316 in the Matrusri Accordingly, this writ petition is disposed of' No order as to Miscellaneous applications, if any pending, shall stand closed. sD/-P PADTiil+REt,EFDDY RAR ,TRUE COPY// i\.,' SECTION OFFICER To. ' "'1.

Th" Commissioner, Hyderabad Metropolitan Development Authority' lvlaitrivanam, Ameerpet, Hyderabad' 2. one cc to sRl v.v.N:'NnftniAtlA neo Adv-ocate-[oPUC] e: o;; cc io snr Y.RAMA nno, sc ror HMDA totB:i., Hish court for the State ;. il; ccs totne GP for Municipal Admn & Urban of Telangana. [OUT] 5.

Two C.D.

CoPies.

6.

One SPare CoPY.

MRC costs. \ \ HIGH COURT DATED:0410212022 ORDER WP.No.5776 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS r,,9 s iAr€.

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