THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
W.A.No.623 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Ms. T.Neelima Reddy, learned counsel for the
appellants; Mr. Pasham Krishna Reddy, learned Standing Counsel
for Greater Hyderabad Municipal Corporation (GHMC) for
respondents No.2, 3 and 4 and Mr. Venkateswarulu Sanisetty,
learned counsel for respondents No.5 to 10.
2. Challenge made in this writ appeal is to the order dated 07.06.2022 passed by the learned Single Judge dismissing W.P.No.18511 of 2020 filed by the appellants as the writ petitioners.
3. In the related writ petition, appellants as the writ petitioners assailed the action of respondents No.1 to 3 in not removing illegal and unauthorized construction allegedly carried out by respondents No.5 to 10 in open spaces of layout permit No.92/62 situated at Dr. Zakir Hussain Colony, Saidabad, Hyderabad (for short 'the subject property'), in violation of lay out permit.
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4. Learned Single Judge however found that appellant No.1 was a member of the sub-committee, which had made allotment of plots in favour of respondents No.5 to 10 and this fact was not disclosed in the writ affidavit. Holding that there was suppression of material fact, learned Single Judge declined to invoke jurisdiction under Article 226 of the Constitution of India. Accordingly, the writ petition was dismissed.
4. We are of the view that if the appellants are aggrieved by the alleged illegal and unauthorized construction carried out by respondents No.5 to 10 in the subject property, they may file a representation before the competent authority of GHMC. If such a representation is filed, the competent authority of GHMC may look into the same and thereafter take appropriate steps in accordance with law. It is needless to say that the competent authority of GHMC shall provide notice and due opportunity of hearing to all the affected persons.
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5. Consequently, this writ appeal is disposed of in the above terms. No costs.
As a sequel, miscellaneous petitions, pending if any, stand closed.
__________________ UJJAL BHUYAN, CJ _______________________ C.V.BHASKAR REDDY, J Date: 23.09.2022 LUR/TSA