Akhraj Jain v. The State of Telangana
Court: High Court for State of Telangana
Bench: K.LAKSHMAN
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-12-05. Akhraj Jain v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
[ 31681 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENW FOUR PRESENT THE HON'BLE SRI JUSTTCE K. LAKSHMAN WRIT PETITION NO: 34193 OF 2024 Between: Akhraj Jain, S/o Late . lugrij, AgeO 59 years, Occ. Business, FVo H. No. 23-6- 89311|C, Shah Ali Banda, Hyderabad. ... PETITIONER AND 1. The State of Telangana, Rep. by its Principal Secretary, Municipal Administration and Urban Development, Secretariat, Hyderabad. 2. Greater Hyderabad Municipal Corporation, Rep. by its Commissioner, Office at Lower Tank Bund, Hyderabad. 3. Greater Hyderabad Municipal Corporation, Rep. by its Deputy Commissioner, Circle No. 15, Secunderabad Zone, Hyderabad. ...
REspoNDENTs Petition under Article 226 of the Constitution of India 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 issuing of the speaking order No. 54I2/TPS/DC/C|R-1 5/SBZ/GHMC|2024 dated 29-O4-2024 pursuant to the issuance of Show Cause Notice Lr. No.
54/2/UC/ClR-1 S/TPS/GHMCl2O24 daled 15-O4-2O24 by the 3rd respondent as arbitrary, illegal, without considering the reply of the petitioner dated 18-04-2024 as arbitrary, illegal and in violation of '1955 Section 455AA in Greater Hyderabad Municipal Corporation Act, and consequently set aside the same lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in the speaking order No 54/2/TPS/DC/ClR- 1S/SBZ/GHMC/2024 daled 29-04-2024 Pursuant to the issuance of Show Cause Notice Lr. No. S4l2lUClClR-15nPS/GHMC/2024 dated 15-04-2024 by the 3rd respondent, pending disposal of the writ petition. Counsel for the Petitioner: SRI D. KAVAL KUMAR Counsel for Respondent No. 1: GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT Counsel for Respondent Nos.
2 $ 3: SRI MIDDE ARUN KUMAR, , SC FOR GHMC The Court made the following: ORDER HON'BLE SRI JUSTICE K. LAI{SHMAN IVRIT PETITION No. 34193 of 2o. 24 ORDER: Heard Mr. Dr. D. Kaval Kumar, learned counsel appearing for the petitioner and Sri Midde Arun Kumar, learned Standing Counsel for respondent Nos. 2 and 3. Perused the record. 2. The petitioner had obtained building construction permission vide proceedings dated 08. 05. 2023 for construction of one stilt and 4 upper floors. According to 3. d respondent, petitioner made construction without maintaining mandatory setbacks as per G. O. Ms. No. 168 dated 07. 04. 2012. The 3'd respondent had issued a show cause notice dated 15. O4. 2024 arrd petitioner submitted explanation on 18. 04. 2024. Thereafter on conducting hearing, 3'd respondent has passed speaking order dated 29. O4. 2024 directing the petitioner to remove the deviated portion within (15) days from the date of receipt XL,J W P No 34t93 or2024 of said notice.
Challenging the said notice, petitioner filed the present writ petition. 3. Learned counsel for the petitioner would submit that the said deviations ar-e less than 109/o, therefore petitioner is intending to approach 2. d respondent by way of submitting an application under Section a55 (A) of Greater Hyderabad Municipal Corporation Act, 1955 (for short "GHMC Act,,) and petitioner would avail the remedy of appeal under Section 655 of GHMC Act. 4. Wherezrs Sri Midde Arun Kumar, learnecl standing counsel appearing for respondent Nos. 2 and 3 on instructions would submit that the petitioner made construction in deviation to the building permission order dated O8. 05 . 2023. Therefore, 3. d respondent hzrs passed speaking order dated 2g. O4. 2O24 strictly in accordance with procedure laid down under GHMC Act. There is no error in it I I I :i ! a KL,J w P No 3a 193 of 2024 5. As discussed supra, 3. d respondent issued show I cause notice dated L5. O4.
2O24 calling explanation from the petitioner as to why action should not be taken against the petitioner for making construction in deviation to the building permission order dated O8. O5. 2O23. Petitioner submitted his explanation dated 18. 04. 2024. Thereafter, 3. d respondent has passed speaking order dated 29. 04. 2024. There is no allegation by the petitioner against the 3. d respondent that he has passed the impugned speaking order dated 29. O4. 2024 in violation of principles of natural justice and the procedure laid down under the GHMC Act. Petitioner has to prefer an appeal under Section 655 of GHMC Act \ t challenging the speaking order dated 29. O4. 2024. I 6. In the light of the aforesaid discussion and taking into account the submissions made by the learned counsel for the petitioner, this writ petition is disposed of granting liberty to the petitioner to prefer aIl appeal challenging the speaking order dated 29. O4. 2024. KL,J W. P No. 3.
1 I93 or 2024 Liberty is also granted to the petitioner to approach the 2"d respondcnt by way of an application under Section 455 and 455 (A) of GHMC Act within (10) days from the date of receipt of copy of this order, till such time the respondent Nos. 2 and, 3 are directed not to proceed further pursuant to the speaking order dated 29. O4. 2024. If the petitioner failed to prefer any appeal within 1O days, liberty is granted to R-2 and R-3 to take action against the petitioner. There shall be no order as to costs As a sequel, miscellaneous petitions, if any, pending in the Writ Pctition shall stand closed. ASSrsrANsfk[at$fi1* //rRUE coPYtt \y SECTION OFFICER To, 1. The Commissioner. Greater Hyderabad Municipal Corporation, Office at Lower Tank Bund, Hyderabao. 2. The Deputy commisSioner. Greater Hyderabad rrrurrrvrl Municipar --sv corporation, circre No. 15, Secunderabad Zone, . 1 HvOeia6iO. to SriD. Kavat Kumar 9n" Q9 AdvoCatJiOpucr 4. Two CCs to Gp For Municioal Adm,n,:! r.
ittc;n e-Lrban Development, High Court-for the State of Telangana. IOUTI 5. to Sri Midde (umjr, 9n" 99 nrun Aiv6cate(OpUC) 6. Two CD Copies MBC BS o HIGH COURT KL,J DATED: 0511212024 E SIAr(- ;$ ^+ k q v :) 2[2[ o 1 0Et o B , i') . b <\ t /)F pntC* S ORDER WP. No. 34193 of 2024 DISPOSING OF WRIT PETITION WITHOUT COSTS ,\"1 \
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