Venkatapuram Cooperative Housing Society Limited vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDEABAD (Special Original Jurisdiction) TUESDAY,THE TWENTY SIXTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI Betwee n: Venkatapuram Co-operative Housing Society Limited, negd.

No--ZOB66/1 953, H.

No.6-1-318/1 , Flat No.301, Sai Ridah Jeevan Residency, Venkatapuram Colony, Padmarao Nagar, Secunderabad.

Represented by its President Vanarasa Vazeer [\,4ohan, S/o.

V.Ramaiah ...PETITIONER AND 1.

The State of Telangana, Rep. by its Principal Secretary, Ir/unicipal Administration and Urban Development Department, Secretariat, Hyderabad.

2- The Greater Hyderabad lrilunicipal Corporation, Represented by its Commissioner, CC Complex, Tank Bund Road, Hyderabad.

3.

The Zonal Commissioner, North Zone, Begumpet Circle No.30, GHltilC, Secunderabad.

4.

The Deputy Commissioner, Begumpet Circle No.30, GHIVC, Secunderabad.

5.

The Chief City Planner, CC Complex, Tank Bund Road, Hyderabad.

6.

The Assistant City Planner, Begumpet Circle No.30 GHIvlC, Secunderabad.

7.

Directorate of Enforcement Vigilance and Disaster l\rlanagement, 6th and 7th floor, Buddha Bhavan, Hyderabad - 500003.

8.

Mr.

Prem Chand Jhabak, S/o.

Late Mohanlal Jhabak, Aged about 63 years, Occ.

Business, 9.

Smt.

Swathi Jain, W/o.

Pankaj Jain, Aged about 35 years, Occ.

House wife Respondent B and 9 are Rl/o.H.No.6-1-316/3, Venkatapuram Colony, Padmarao Nagar, Secunderabad-500 020. ...RESPONDENTS Petition under Article 226 oI 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 a WRIT OF I\4ANDAMUS declaring the inaction of the Respondent No.2 in not taking any action on the representations of the Petitioner dated 05-03- 2022 and 18-03-2022 as illegal and unco nstitutiona I. tutiona I.

WRIT PETITION NO: 21389 OF 2022 PetitionunderSectionl5lCPCprayingthatinthecircumstancesstatedin the affidavit filed in support of the petition, ifte Higf' Court may be pleasetl to.direct if.r" nu.ponO"nt Nos.2 to 7 to take action on the representations of the Petitioner J"1"0-OS-O3-2022 and 18-03-2022 pending disposal of the main Writ Petition' IA NO: 20F 2022 IA NO: 't oF 2022 Counsel for the Petitioner: SRl.

GUNDAPU GIRIDHAR Counsel for tire Respondents 1: GP FOR MCPL ADMN URBAN DEV Counsel for the Respondents 2 TO 6: SRI' CHATTA MADHU' SC FOR GHMC Counsel forthe Respondents 7: GP FOR HOME The Court made the following: ORDER PetitionunderSectionl5lcPCprayingthatinthecircumstancesstatedin the affidavit filed in support of the petition, fne Hign Court may be pleased to-direct irru - n"rpono"nt No.3 to stop further construction in respect of Permit i'ro.grciolor+azlzozo dated 14-02-2020 for H No 6-1-315' Plot No'39 uJr"r.rring 290.60 (wrongly shown in the- sale deed as 291 25 Sq Yards) situated at venkatapurr, -cbtony (walker Town) Secunderabad belonging to n!.ponO"nt Nos.8 and 9 issued Oy tfre nespondent No 2 pending disposal of the main Writ Petition. i I THE HON'BLE SMT.

JUSTICE LALITHA KANNEGANTI WRIT PETITION No.

2LgA9 OF 2022 ORDER: This Writ Petition is filed questioning the inaction of the 2nd respondent on the representations of the petitioner dated 05.O3.2022 and 18.O3.2022.

2.

Sri G.

Giridhar, learned counsel for the petitioner subrnits that the petitioner submitted representations to the Corporation to take action against the illegal and unauthorised constructions made by the unoflicial respondents in Plot No' 39, H.No.

6-1-315, admeasuring 290.60 square yards situated at Venkatapuram Colony, Secunderabad.

It is stated that in spite of the said representations, no action has been initiated.

3. tiated.

Sri Chatla Madhu, learned Standing Counsel for the respondent Corporation, on instructions, submits that the respondent officials have visited the site and found that the constructions are made in accordance with the sanctioned plan.

Since the representations of the petitioner are pending with the respondent Corporation, the respondent shall pass appropriate orders on the representations dated 05.O3.2022 and 18.03.2022 wit]rrrn four weeks from the date of I receipt ol a copy of this order.

There sha11 be no order as to costs The Miscellaneous Applications, if any shall stand SD/-T.SRINIVAS //TRUE COPY' ASSISTANT REGIST SECTION OFFICER To, 1.

The Principal Secretary' Municipal Administration and Urban Development ' ;;;,#;iI'slcreiaii6i, St'te br r"lansana Hvderabad' 2.

The commissioner, Greater Hyderabad Municipal corporation' cc complex' - Tink Bund Road, HYderabad' 3.TheZonalCommissioner,NorthZone,BegumpetCircleNo.30'GHMC, Secunderabad.

The Deputy Commissioner, Begumpet Circle No'30' GHtr/C' Secunderabad' 5.

The Chief City Planner, CC Complex' Tank Bund Road' Hyderabad' 6.

The Assistant City Planner, Begumpet Circle No'30 GHMC' Secunderabad' 7 Directorate of Enforcement Vigilance-and .gisaster Management' 6th and 7th floor, Buddha Bhavan, Hyderabad - 5uuuuJ' 8.

One CC to SRl.

GUNDAPU GIRIDHAR' Advocate [OPUC] 9.

CHATTA MADHU' SC FOR GHIVC' [OPUC] 10.Two CCs to GP FOR MCPL ADMN URBAN DEV' High Court for the State of '- ietlngana at, HYderabad [OUT] 11.Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad. [OUT] 12. fwo CD Copies.

13.

One SPare CoPY.

5. automaticallv closed- / GMN *- MMA I HIGH COURT ORDER .

WP.No.21389 of 2022 DISPOSING OF THE WP WITHOUT COSTS (r .s \s' \ \ t : !-.. tu D//