Smt. Armoor Sujatha vs The State of Telangana

PRESENT THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI WRIT PETITION NO : 11075 0F 2022 Betwee n: Smt.

Armoor Sujatha, W/o.

Armoor Santosh, Aged about 45 years, Occ Household, Rl/o.

H.No.3-5-323, NearArsetty Building, Kotagally, Nizamabad. .,.PETITIONER AND 1.

The State of Telangana, Rep, by its Principal Secretary, Municipal Administration & Urban Development Department, Secretariat, at Hyderabad.

2.

The Nizamabad I\,4unicipal Corporation, Rep, by its Commisioner, Nizamabad District.

3.

Preramduri Godavari, W/o.

P.

Venkanna, Aged about 45 years.

Occ.Household, R/o.

10-1 1-134/i, Sri ramnagar-1 , Varni Road, Nizamabad District .,.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 an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in not considering petitioner representations dated.

03-01-2022 and 25-01-2022 seeking his intervention for stopping illegal construction by unofficial respondent into my plot No.4 in Sy.No.1371 area admeasuring 246.66 S.yds, Manikanta Colony, Nizamabad, Telangana State, as being illegal, arbltrary and violative of Arts.14, 21 and 300(4) of the Constitution of lndia and as also the Provisions of I\,4unicipal Corporation Act.

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWELFTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO I lA NO: 1 oF 2022 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to stay of a, further construction by Respondent No.3 herein in petitioner prot bearing No.3, Sy.No.'1 371 area admeasuring 246.66 s.yds, Manikanta corony, Nizamabad, Telangana State forthwith.

Counsel for the petitioner : SRt.

A L BHARADWAJINT counsel for the Respondent No. ondent No.1 : Gp FoR McpL ADMN URBAN DEV counsel for the Respondent No.2 : SRr v SATyAM REDDY, sc FoR MUNICIPALITIES Counsel for the Respondent No.3 : --_ The Court made the following: ORDER HON'BLE SMT.

JUSTICE LALITHA KANNEGANTI WRIT PETITION No.

11 075 of 2022 OR DER: This rvrit petition is filed questioning the action of 2'd in not considering the representations dated respondent 03.Ot.2022 intervention respondent 3 and 25.01 .2022 of the petitioner seeking for stopping iilegai constn'rction by unolficial into his plot bearing No'4 in survey No'1371 admeasuring 246.66sq'yards situated at Manikanta Colony' Nizamabad as illegal and arbitrary and in violation of Articles 14, 2l and 3OO-A of the Constitution of India' 2.

Ms.

A'L.Bharadwajini, learned counsel appearlng on behalf of petitioner submits that the unofficial respondent vyho is owner of plot No'6 is attempting to encroach illegally into the subj ect plot of the petitioner' She submits that the petitioner has also filed a suit for injunction vide O S'No'31 of 2022 on the file of Junior Civil Judge' Nizamabad and the same is pending.

She submits that the petitioner has made representations dated O3'OI'2O22 and' 25'Ol '2022 to the respondents, but no actlon ls being taken.

Hence, the petitioner is constrained to approach this Court' Mr.

V.

Satyam Reddy, learned Standing counsel for Nizamabad Municipa| Corporation appearing for respondent W.P.N0,11075 of 2022 No.2 submits that the representations dated 03.O1.2022 and 25.O1.2022 submitted by the petitioner were forwarded to the Enforcement Team, Nizamabad South Mandal on 07.O1.2022 and 02.O2.2022 respectively.

He submits that the Enforcement Team has inspected the site and issued notice to the respondent No.3 on 26.O2.2O22 for submission of ownership documents ald building permission copies and as per the TS-bPASS Act, the Government issued instructions empowering other than Town Planning Staff to conduct site inspections for issuing building permissions and th ons and the respondent No.3 has obtained the building permission r'rnder TS-bPASS self certification system on 22.12.2021 vide letter No.105719/NIZA/178a/2021.

He submits that the respondent No.3 has commenced the construction as per the site dimensions mentioned in the registered document No.6745 of 2O2O dated 18.O8.202O and the site under reference is not part of any approved layout and the respondents cannot confirm the plot dimensions and location of the petitioner.

The grievance of the petitioner is that the respondents Z 4 -_=g_J have failed to consider his representations and take action against the unofficial respondent.

5.

Recording the above submissions of the learned Standing Cor.rnsel, the writ petition is disposed of directing the respondents to pass appropriate orders on the representations dated 03.O1.2022 and 25.O1.2022 of tlne petitioner within a period of (15) days from the date of receipt of copy of the order and if the petitioner is aggrieved by the said order, he is liberty to question the same before the appropriate forum.

No order as to costs.

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

SD/.G.SIREESHA ASSISTANT REGISTRAR //TRUE COPY' SECTI OFFICER '1 .

The Principal Secretary, Municipal Administration and Urban Development Department, Secretariit, State of Telangana at Hyderabad.

The commissioner, Nizamabad lr,4unicipal corporation, Nizamabad District.

One CC to SRl.

A L BHARADWAJINI, Advocate [OPUC] 4.TwoCCstoGPFoRtUCPLADMNURBANDEV'HighCourtfortheStateof Telangana at Hyderabad. [OUT] 5.

V SATYAM REDDY' SC for MUNCIPALITIES [OPUC] 6.

Two CD Copies 7.,J One Spare Copy 3 To, CKY I\,1MA w'P.No.11075 of 2022 f 2, HIGH COURT DATED:1 210412022 ORDER WP.No.11075 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 'i rrr- j I4 .i (,1 1 E ,!iil 2022 DF. + * \r "^ )\(1\\ i \t vll fl)/