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Telangana High Court

Shanta Bai Solanki vs The Greater Hyderabad Municipal ... on 11 February, 2020

Author: P.Keshava Rao

Bench: P.Keshava Rao

                  THE HON'BLE SRI JUSTICE P.KESHAVA RAO

                         WRIT PETITION No.2655 of 2020
ORDER:

Heard the learned counsel for petitioner as well as the learned Standing Counsel appearing for respondents 1 and 2.

The prayer sought in the writ petition is as under :-

'For the reasons stated in the accompany affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue any writ, order or direction more in the nature of writ of Mandamus declaring the inaction of the respondent Nos.1 and

2 herein in considering the representations dt.26/12/2019, 29/12/2019 and 30/01/2020 submitted by the petitioner to initiate action against the illegal and unauthorised rd constructions being raised by the 3 respondent on the western side of petitioner's premises i.e., in H.No.3-4-122 to 124 near St.Francis Xavier Junior College, Street No.7, Barkatpura, Kachiguda, Hyderabad, as illegal, arbitrary and contrary to law and consequently direct the respondent Nos.1 and 2 herein to forthwith consider the representations submitted by the petitioner and initiate action on the same and pass such other order or orders may deem fit and proper in the circumstances of the case.'.

The main grievance of the petitioner is that she is the owner and possessor of the house bearing No.3-4-122 to 124, Barkatpura, Kachiguda, Hyderabad. She has been residing in the said house for the past more than thirty years. The 3rd respondent, who is abutting on the western side, demolished his old house and started raising new construction, without leaving any set backs towards his property. Immediately, the petitioner submitted a representation on 26.12.2019 requesting the respondents to consider the said representation and take appropriate action. As there was no response from the respondents, the petitioner was constrained to 2 file representations dated 29.12.2019 and 30.01.2020 requesting the respondents to take necessary action.

Learned Standing Counsel appearing for respondents 1 and 2 submits that the grievance, as raised in the representations dated 29.12.2019 and 30.01.2020 submitted by the petitioner, will be considered and appropriate orders would be passed as per law.

Accordingly, the writ petition is disposed of directing respondents 1 and 2 to consider the representations dated 29.12.2019 and 30.01.2020 submitted by the petitioner and pass appropriate orders as per law within a period of three weeks from the date of receipt of a copy of this order. No order as to costs.

Miscellaneous petition, if any, shall also stand disposed of.

__________________ P.KESHAVA RAO, J Date:11.02.2020 Prv