K. Koushal Ram vs The State Of Telangna And 7 Others
2022 Latest Caselaw 3398 Tel

      THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI

                         W.P.No.27634 of 2022
ORDER

This writ petition is filed questioning the action of respondent

Nos.2 and 3 in not considering the representation of petitioner

dated 12-01-2021 to cancel or stop the illegal constructions made by

the unofficial respondent No.8 in Sy.No.168 with bearing

H.No.12-11-1476/1, Boudh Nagar of Zamisthanpur Village under the

guise of permission, as illegal and arbitrary.

2. Heard learned counsel for the petitioner Mr. G.L.Narasimha

Rao, learned Government Pleader for Municipal Administration and

Urban Development for respondent No.1 and 3, learned Standing

Counsel for respondent No.2 Mr Chatla Madhu and learned

Government Pleader for Revenue for respondent Nos.4 to 7.

3. Learned counsel for the petitioner submits that the petitioner has

given a representation on 12-01-2021 stating that the subject property

is in possession of the petitioner right from 1968 and a judgment and

decree was also passed in his favour in O.S.No.1553 of 1986 on the

file of XI Junior Civil Judge, Secunderabad, dated 06-04-1989 and

W.P.No.2872 of 2008 is also pending before this Court. He submits

that though the petitioner has given the said representation, the

respondents have failed to take any action and in fact, they have 2 LK, J W.P.No.27634 of 2022

granted permission in favour of the unofficial respondent No.8 and

hence, he has come up before this Court.

4. Learned Standing Counsel for respondent No.2 does not dispute

the fact that permission was granted in favour of the unofficial

respondent No.8 on 14-12-2021.

5. Under Section 450 of the Greater Hyderabad Municipal

Corporation Act, 1955 (for short 'the Act'), the Commissioner has

power to cancel the permission if the same is obtained by

misrepresentation. The petitioner has already made a representation

on 12-01-2021 and the permission in favour of the unofficial

respondent No.8 was granted on 14-12-2021 without considering the

representation of petitioner. Hence, respondent No.2 is directed to

consider the representation of petitioner

dated 12-01-2021 and pass appropriate orders in accordance with

Section 450 of the Act within a period of six weeks from the date of

receipt of a copy of this order.

6. Accordingly, the Writ Petition is disposed of. No order as to

costs.

7. Miscellaneous petitions, if any pending in this writ petition, shall

stand closed.

____________________________ SMT LALITHA KANNEGANTI, J 5th July, 2022.

sj