Rohith Shinde 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 2024-11-20. Rohith Shinde v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
[ 3168 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAO (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION NO :324'12OF 2024 Between: Rohith Shinde, S/o: Late Dileep Shinde, Aged about 26 Years, Occ: Business, Adilabad District Rl/o H. No. 3-5-10'l/4, Tatiguda, Bheemsary Road, ... PETITIONER AND 1. The State of Telangana, Rep by its Principal Secretary, . Municipal Administration and Urban Development Department Secretariat, Hyderabad. 2. Adilabad Municipality, Rep. by its commissioner, Adilabad, Adilabad District. 3. Kailaswar Santosh, S/o: Kishan Rao, Aged about Major, Occ:. Business -nyo H. tto. +-9-777,ieachers Colony, Adilabad Town, Adilabad District' about^ It4ajor, 4. Kailaswar Bhagwanth Rao, Slo: Kishan Rao,. . Aged. Occ: Business, R/o H. No. 4-9-777, Teachers Colony, Adilabad Town, Adilabad District. ...
RESPONDENTS Petition under Article 226 o1 the constitution of lndia 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 inaction of the Respondent No. 2 against illegal construction made by the respondent No. 3 and encroaching public road in respect of Door. No. 4-4-5t1211l1 , in Sy. trlo. 6/',1 , Filterbed Area Adilabad bearing Permission Town, Adilabad District, deviating construction permission 284866/ADIL/0741t2023 Dated 21-04-2023, pursuant to the representation dt. 1glo8t2o24and1411ol2o24'aSbeingillegal,arbitrary,unjustand unconstitutional and consequenfly direct the Respondent No 2 herein to revoke the permission bearing 284866/ADIL/074112023 Dated 2110412023 and demolish the illegal construction made by respondent Nos. 3.
lA NO: 1 OF 2024 Petition under Siection 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 respondent No. 2 herein to stop the unauthorized construction of the respondent No. 3 and 4 herein in respect of Door No. 4-4-5l12t1ll , in Sy. No. 6/1 , Filterbed Area Adilabad Town, Adilabad\District, by considering written representation dated 19/08/2024 and 141'1012024, pending disposal of the main writ petition. Counsel for the Petitioner: SRI GAJANAND CHAKRAVARTHI Counsel for the Respondent No. 'l: AGP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No. 2: SRI M. RAM MOHAN REDDY, S. C. FOR MUNICIPALITIES Counsel for the Respondent Nos. 3 & 4: - The Court made the following: ORDER HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.
324L2 OF 2024 ORAL ORDER: Heard Sri Gajanald Chakravarthi, learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development for respondent No. 1 and Sri M. Ram Mohan Reddy, learned Standing counsel appearing for respondent Nos. 2 to 4 Perused the record. 2. Petitioner is a resident of Tatiguda, Bheemsaqz Road, Adilabad District. Respondent Nos. 3 and 4 obtained Building permit order dated 2I. O4. 2O23 from respondent No. 2 for construction of Stilt for parking + 3 Upper floors and they are making constmction in deviation to the said building permit order. Therefore, petitioner has submitted a representation dated L4. 1O. 2O24 to respondent No. 2 with a request to take action against respondent Nos. 3 and 4 for making construction in deviation of the Building permit order dated 2L. O4. 2023. Despite receiving ald acknowledging the said representation, respondent No. 2 did not act upon the sarne.
Aggrieved biy the said inaction of respondent No. 2, petitioner hled the present writ petition. 3. Whereas, Sri M. Ram Mohal Reddy, learned Standing c:ounsel appearing for respondent No. 2 produced ttre written instructions of respondent No. 2, wherein, it is stated that on receipt of representation dated 14. 1O 2024, respondent No. 2 issued a notice dated 15. LO. 2O24 to respondent Nos. 3 and 4 requesting them to submit certain documents including ownership document, link document, copy of building permit order, etc. Seven (7) days time was granted to them to submit the sarne. They refused to receive the said notice. Therefore, rr:spondent No. 2 authorities alfixed the said notice on the subject property. However, respondent No. 2 will take actron strictly in accordance u'ith law by putting \ J the petitioner and respondent Nos. 3 and 4 on notice affording them arr opportunity. The said instructions are placed on record. 4. In the light of the said submission, notice respondent Nos.
3 and 4 is dispensed with. 5. This writ petition is disposed of directing respondent No. 2 to take action against respondent Nos. 3 pursuant to notice dated 15. 1O. 2O24, if they are making construction in deviation of the Building permit d. ated 2L. O4. 2O23, strictly in accordance with law, putting the petitioner and respondent Nos. 3 and notice and affording them an opportunity. He complete the said action as expeditiously as possible, preferably, within a period of eight (8) weeks from date of receipt of copy of this order. There shaLl order as to costs. I As a sequel thereto, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. Sd/- N. SRIHARI ASSISTAN{. REqISTRAR //TRUE COPYII. \ SECfION OFFICER To, 1. The Commissioner, Adilabad, Adilabad Municipality, Adilabad District. 2. One CC to Sd Gajanand Chakravarthi, Advocate [OPUC] 3. Two CCs to GP for Municipal Administration Urban Development, High Court for the State of Telangana, at Hyderabad [OUT] 4.
One CC to Sri M. Ram Mohan Reddy, S. C. for Municipalities [OPUC] 5. Two CD Copies TJ MP HIGH COURT I i t DATED:2011112024 . THF 11 s14 ( |c .. ) -) a7 I,N 20n o C ORDER D;. 412 ot 2024 WP. No. 32 PETITION OF THE WRIT DISPOSING COSTS WITHOUT 4 / /t 2 I
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