Bellarapu Rajanna B.C.Rajanna vs The State Of Telangana
2022 Latest Caselaw 6308 Tel

       THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

                 WRIT PETITION No.43438 of 2022

O R D E R:

The writ petition is filed seeking the following relief:

"... to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Nos.3, 4 and 7 in failing to initiate appropriate action for cancellation of the illegal Building Permission granted to the 8th Respondent by the 7th Respondent under TS-bPASS in Permit No. 127292/KHAN/0015/2022 Dt.27.01.2022 and the consequential Instant Approval, Dt.21.02.2022 for Construction of Individual Residential House in an extent of 238 Sq.Yards in Plot No.2-8-88/7-3/1 situated at Shanthi Nagar, Thimmapur Village, Khanapur Mandal, Nirmal District which is part and parcel of 527.33 Sq.Yards declared as Government Property in O.S.No.95/2000 Dt.18-03-2005 on the file of Junior Civil Judge Court at Nirmal inspite of submitting the Representations Dt.19.10.2022, 04.07.2022, 25.04.2022 and 20.04.2022 till date as illegal, arbitrary, un Constitutional and contrary to the Provisions of T.S.Municipalities Act, 2019 and consequently direct the Respondents 1 to 7 to cancel the illegal Building Permission granted to the 8th Respondent Dt.27.01.2022 and the Instant Approval for Construction Dt.21.02.2022 and to protect the Government Property Admeasuring 527.33 Sq.Yards in Plot No.2-8-88/7- 3/1 situated at Shanthi Nagar, Thimmapur Village, Khanapur Mandal, Nirmal District as declared under the Judgment and Decree in O.S.No. 95/2000 Dt.18.03.2005 on the file of Junior Civil Judge Court at Nirmal by initiating necessary action on the Representations of the Petitioners Dt.19.10.2022, 04.07.2022, 25.04.2022 and 20.04.2022 and .....".

2. Mr. C. Hari Preeth, learned counsel for the petitioner

submits that the petitioner gave a representation to the respondents

on 19.10.2022 stating that the site in plot No.2-8-88/7-3/1

admeasuring 527.33sq.yards situated at Shanthi Nagar, Thimmapur

Village is declared as a Government land and aggrieved by the same,

the defendant therein has preferred an appeal and that appeal was

also dismissed. He submits that the unofficial respondent has

obtained permission in respect of the very same land. He submits

that though a representation is given, no action has been taken by

the respondents.

3. Mr. B. Jagan Madhav Rao, learned standing counsel for the

respondent municipality submits that they will consider the

representation of the petitioner dated 19.10.2022.

4. Learned counsel for the petitioner submits that the petitioner

has also given representation to the District Collector.

5. Recording the said submissions, this writ petition is

disposed of directing the respondents to consider the representation

dated 19.10.2022 of the petitioner and pass appropriate orders in

accordance with law within a period of (6) weeks from the date of

receipt of copy of the order, duly issuing notice to the unofficial

respondent. The respondent - District Collector shall also into the

same. This court is not proposing to issue notice to the unofficial

respondent as the respondents are directed to give an opportunity to

him. There shall be no order as to costs.

The Miscellaneous Applications, if any shall stand

automatically closed.

_______________________________ LALITHA KANNEGANTI, J 1st December, 2022 gvl