Sri Mahalakshmi Residency Residents Welfare Association v. The State of Telangana,
Court: High Court for State of Telangana
Bench: CHALLA KODANDA RAM
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-03-16. Sri Mahalakshmi Residency Residents Welfare Association v. The State of Telangana,. Read the...
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTTCE CHALLA KODANDA RAM WRIT PETITION NO: 5812 OF 2020 Between: Sri Mahalakshmi Residency Residents' Welfare Association, (Regd. No. l049/2017) Rep. by its General Secretary, Sri. A. Venkataiah Sic Late. A. Musalaiah, Aged 62 years, O/o Sy. No. 64, 65/P, E-Block, Sri Mahalakshmi Residency, Upperpally, Rajendranagar (l\/), R. R. Dist -500 048. ... pE,,oNER AND 1. The State of Telangana,, Rep. by its Principal Secretary, Municipal Administration and Urban Development, Secretariat, Hyderabad 500 022. 2. The Additional Commissioner, Greater Hyderabad Municipal Corporation, Circle No, 6, Rajendranagar, Hyderabad 1) The Managing Director,, Hyderabad l\,4etropolitan Water Supply and Sewerage Board, Khairatabad, Hyderabad - 500 004. 4.
The General lManaging,, Hyderabad lvletropolitan Water Supply and Sewerage Board, Division No. 16 Rajendra Nagar, R. R. District - 500 048. E The A. G. Office Employees Co-operative Housing Society Ltd. , Rep. by its President (Elected), Sri. N. N. Darwai, A. G. Office Complex, Sailabad, Hyderabad- 500 004. 6 Sri Mahalakshmi Residency Flat Owners Maintenance and Welfare Co-operative Society Limited, (Regd. No. TBC 13/2019) Rep. by its President, Smt. P. Venkata Lakshmi,G Block, Sri Ir/ahalakshmi Residency, Upperpally, Rajendranagar Mandal' R' R District -500 048 ... RES'.
NDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings vide letter dated 5-08-2019 issued by the Sth respondent herein by delegating its power to the 6th respondent even before completion of project as contemplated under the act and consequential letter dated 19-02-2020 issued by the 6th respondent by exceeding its powers and thereby collecting huge amounts from the flat owners and intended to misuse the funds of the flat owners and obtaining permission from the 3rd and 4th respondents vide File No.
2019-7-'1 52 dated nil is being illegal, arbitrary, unreasonable without jurisdiction and violative of principles of natural justices and violative of Articles 14 and 21 of Constitution of lndia and consequently direct the Sth respondent to withdraw its letter dated 05-08-201 I lA NO: 1 OF 2020 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 direct the respondents No. 6 herein not to collect amount on Sq. ft basis in respect of the common amenities from the members of the petitioner association by suspending the letter date 05-0ti-i1019 issued by sth respondent herein p,rnd ng disposal of the above writ petitlon Counsel for the Petrtir>ner: SMT. J. SUMATHI Counsel for Resporrd,:nt No. 1: GP FOR MUNICIPAL ADMINISTRI\TION AND URBAN DEVELOPMENT Counsel for the Resp,:ndent No. 2: SRl. PASHAM KRISHNA REDDY, SC FOR GHMC Counsel for the Respr>ndent Nos. 3 & 4: SRI T.
SUDHAKR REDD\', SC FOR HMWSSB Counsel for the Respr>ndent Nos. 5 & 6: NONE APPEARED The Court made the following: ORDER THE HON' BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PE'[l'[ION No. 5812 of 2020 ORDER: Heard learned counsel for the petitioner, and Sri Sudhakar Reddy, leamed Standing Counsel for respondents 2 to 4. Considering the scope of Mandamus and Writ jurisdiction, leamed counsel for the petitioner seeks to withdraw the w,rit petition with liberty to take appropriate proceedings against respondents 5 and 6. Granting liberty as sought for, the writ petition is dismissed as withdrawn. No costs. Miscellaneous petitions, if any pending, shall stand closed. Sd/. V SUDHA ASSISTANT REGISTRAR ,TRUE COPY// [, SECTION OFFICER To, 1. One CC to Smt. J Sumathi Advocate [OPUC] - r High Court for the Urnih Development' 2 rwo CCs to tvluniciprr njriiLiia"fro"n'd ,,f s$"rLT,'"! r ;B'f i"stif€ffielfrl*i:p"15;'ss,'""J8,fi 5. Two CD CoPies MBC HIGH COURT CKR,J DATI]D: 1610312020 |r. E STA IA- ?
' o 3 0 APR ;1020 o * cr ORDER WP. Nlo. 5812 of 2020 PETITION DISMISSING THE WRIT AS \MTHDRAWN WITHOUT COSTS k
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