Smt. Babita Agarwal, And Another v. The State of Telangana, And 7 Others
Court: High Court for State of Telangana
Bench: CHALLA KODANDA RAM
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-06-12. Smt. Babita Agarwal, And Another v. The State of Telangana, And 7 Others. Read the judgment and...
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY ,THE TWELFTH DAY OF JUNE TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION NO: 25239 OF 2019 Between: 1. Smt. Babita Agarwal, W/o. Sri Mahesh Agarwal, aged about 46 years Occ. business, R/o. Flat No. 502, Legend Siddhi 3-6-465, Street No. 5, Himayatnagar, Hyderabad - 029. 2. Sri lVahesh Agarwal, S/o. Sri Bhagwandas Aganval, aged about 50 years Occ. business, R/o. Flat No. 502, Legend Siddhi 3-6-465, Street No. 5, Himayatnagar, Hyderabad -029. ... PETITIONERS AND 1. The State of Telangana, represented by its Principal Secretary lt/unicipal Administration depadment Secretariat Building, Hyderabad. 2. Greater Hyderabad [/unicipal Corporation, represented by its Commissioner Tank Bund Road, Hyderabad. 3. Greater Hyderabad lvlunicipal Corporation, represented by its Deputy Commissioner Circle XlV, Abids, Hyderabad. 4. Sri Ram Prakash Nagla, S/o.
late Sri Bhagirath Nagla, aged about 51 years Occ. business, Rlo. 14-2-165 and 166 Shah-lnayat Gunj, Hyderabad - 500 012. 5. Smt. Anitha Nagla, W/o. Sri Ram Prakash Nagla, aged about 46 years '166 Occ . household, Rlo. 14-2-165 and Shah-lnayat Gunj, Hyderabad - 500 012. 6. Sri Kishan Nagla, S/o. Sri Ram Prakash Nagla, aged about 22 years Occ. business, Rlo. 14-2-165 and 166 Shah-lnayat Gunj, Hyderabad - 500 012. 7. Sri Deepak Nagla, S/o. Sri Om Prakash Nagla, aged about 25 years Occ. business, Rlo. 14-1-162, Chaknawadi Ghoshamahal, Hyderabad - 500 012. B. Sri Suresh Kumar Vyas, S/o. Sri Chandmal Vyas, aged about 37 years Occ. business, Rlo. 14-2-1901A and 194 Shah-lnayath Gunj, Hyderabad - 500 012. ... RESPONDENTS Petition under Article 226 ol the Constitution of lndia praying that in the circumstances s ated in the affidavit filed therewith, the High Court may be pleased to pass,rn Order, Direction or Writ and more perrticularly one in the nature of Writ of l\,4andamus. t.
declaring the acts of the respondents No. 'l to 3 in not taking action on complaints of the petitioners dat,-,d 0110812019, 071081201) and 0710912019, in not taking action aJainst the illegal construction work of the respondents No. 4 to 8 lreing carried on the properrty bearing municipal Nos. 4-4-264, 265 and 266, situated irt Sultan Bazar, Hyderabad, in utter deviation and violation cf the sanction vide permit No. 53263/HOiCZlCt-812016, dated 1210612017, for violating the municipal bye laws and zonal regulations and also not leaving the set back as; required under said pernrission towards property of the petitioners, as illegal, arbitrary, righ handed, violative of principles of natural justice [. and consoquently direct the respondents No. 1 to 3 to take action as per law for demolition of the construction to that extent of deviation and violation on the property bearing mrrnicipal Nos. 4-4- 264, 265;:nd 266, situated at Sultan Bazar, Hyde'abad. t. and direot the respondents No.
4 to 8 not lo proceed with construction work in deviation of the sanction plan on the property bearing nrunicipal Nos. 4-4-264, 265 and 266, s tuated at Sultan Bazar, H yderabad and in such illegal manner without leaving setbacks as per sanction plan, in the interest of jL stice. lA NO: 1 OF 201{l Petition und,lr Section 15'1 CPC praying that in ttre circumstances stated in the affida r t filed in support of the petition, the High Court may be pleased to pass an crder directing the respondents No. 1 to 3 lo take action as per law for denrolition of the illegal construction mader on the property bearing municipal Nos. 4-4-264, 265 and 266, situated at Sultan Bazar, Hyderabad, to the extent of deviation and in violation of . he sanction plan vide permit No. 53263/HO/CZ|Ci-A2U6, daled 121061201i', by' taking action on the complaints of the petitioners dated 0110812019, 07t0812019 and 0710912019 and also direct the respondents No.
4 to B not to proceed with construction work rn deviation of the sanction plan on said property and in such illegal mann€,r, pending disposal of the writ petition, in the interest of justice, Counsel for the Pr>titioners:SRl. SHYAM S. AGRAWAL Counsel for the Respondent No. 1: GP FOR MUNICIPAL ADMN. & URBAN DEV. Gounsel for the Respondent Nos. 2 & 3: SRl. N. ASHOK KUMAR Counsel for the Respondent Nos. 4 to 8: NONE APPEAFIED The Court made the following: THE HON' BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 25239 of 2019 O_RDEB Heard learned counsel for the petitioners, and Sri Neeli Ashok Kumar, learned Standing Counsel. Learned counsel for the petitioners seeks to withdraw the writ petition. Learned Standing Counsel submits that action has been taken in the subject matter, in accordance with law, and there is no objection for the Corporation for permitting withdrawal of the writ petition. Accordingly, the writ petition is dismissed as withdrawn. No costs.
Miscellaneous petltions, if any pending, shall also stand dismissed. SD/. K. SAILESHI ASSISTANT REGIS R //TRUE COPY// Vr' SECTION OFFICER To, Shyam S. Agarwat, Advocate (OpUC) 1. 9n" 99 ! o ! r! ' 2. One CC to Sri. N. Ashok Kumar, Advocate (OPUC) 3. Two CCs to GP for Municipal Admn. & Urbin Dev. , High Court for the Stqle_of Telangana at Hyderabad (OUT) . 4. Two CD Copies. PM HIGH COURT DATED:1210612020 :t:--. \ -A/r.. -\ Z iut 'Y l,i ^! \\O \ ,T \ie \ ,9,;/. t \ ORDER . f. f WP. No. 25239 of 2019 Dismissing the WP As withdrawn Without costs. /M?. r) - ,--t '----' tI laa 1't
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