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Telangana High Court

Geetha Devi vs The Greater Hyderabad Municipal ... on 10 February, 2022

Author: P.Madhavi Devi

Bench: P.Madhavi Devi

      THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI

                       W.P.No.6643 OF 2022

ORDER:

This Writ Petition is filed by the petitioner seeking 'Writ of Mandamus' declaring the inaction of the Respondents No.2 & 3 in not considering the representations of the pettioner dated 07.10.2021 and 23.12.2021 seeking demolition of the illegal structure constructed by the 5th respondent in the setback area of the Velumulas Elegance Apartment located at H.No.5-16-32, Plot No.32, Old Alwal, Medchal-Malkajgiri District in violation of the Permit No.2/C27/10530/2019 dated 05.07.2019 as illegal and arbitrary.

2. As seen from the photographs filed by the petitioner at pages 33 & 34, the Respondent No.5 is making construction of a shed on the setback area besides the transformer of the Velumulas Elegance Apartment located at H.No.5-16-32, Plot No.32, Old Alwal, Medchal-Malkajgiri District, which clearly cannot be allowed and the petitioners have made representations dated 23.12.2021 and 07.10.2021 to the Respondents No.2 & 3, but no action has been taken by them.

3. Mr.Chatla Madhu, learned Standing Counsel for Respondents No.2 to 4, on oral instructions, submits that the Respondent No.5 is making construction after obtaining the building permission. However, from the photographs, it is clear that the Apartment has already been constructed and what is being sought to be constructed is a watchman room in the setback area which is not permissible. Therefore, the Respondents No.2 & 3 are directed to dispose of the representations dated 23.12.2021 2 and 07.10.2021 of the petitioner within a period of two (2) weeks from the date of receipt of copy of this order after issuing notice to the Respondent No.5 and take immediate action in accordance with law.

4. The Writ Petition is accordingly disposed of.

Miscellaneous petitions, if any pending in this Writ Petition, shall stand closed. No order as to costs.

____________________________ JUSTICE P.MADHAVI DEVI Dated:10.02.2022 ysk 3 THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI W.P.NO.6643 OF 2022 Date:10.02.2022 ysk 4