Telangana High Court
Syeda Sana Tehseen vs The Greater Hyderabad Municipal ... on 4 January, 2022
Author: P.Madhavi Devi
Bench: P.Madhavi Devi
HONOURABLE JUSTICE P.MADHAVI DEVI
W.P.No.27847 of 2021
ORDER:
This Writ Petition has been filed by the petitioner seeking a Mandamus declaring the action of the 2nd respondent in interfering with the construction of building bearing Municipal No.2-4-638/9/2, admeasuring 86 square yards, situated at Sunder Nagar, Kachiguda, Hyderabad, as permit No.3/C16/12418/2020, dated 10.12.2020, at the behest of the 3rd respondent, without issuing any notice whatsoever, as arbitrary, and violation of Article 21 of the Constitution of India.
While ordering notice before admission on 08.11.2021, this Court granted interim order directing respondent Nos.1 and 2 not to interfere with the construction being carried out by the petitioner pursuant to the Building Permit Order, dated 10.12.2020, and liberty was granted to respondent Nos.1 and 2 to take action in the event of any deviation of construction contrary to the said Building Permit Order, dated 10.12.2020, in accordance with law.
Learned counsel for respondent Nos.1 and 2 has filed counter-affidavit wherein at paragraph No.5, it is mentioned that the petitioner has just started construction and the respondent- Corporation neither interfered with the construction nor issued any notice to him and in case, if the petitioner deviates the 2 sanctioned plan, the respondent-Corporation will initiate action as per the provisions of Hyderabad Municipal Corporation Act, 1955.
Taking the same into consideration, it is noticed that the grievance of the petitioner does not survive at this stage.
Accordingly, the Writ Petition is closed. No costs. Pending Miscellaneous Petitions, if any, shall also stand closed.
__________________________ JUSTICE P.MADHAVI DEVI Date:04.01.2022 rkk