Dr. Zakirhussain Colony Welfare ... vs The State Of Telangana
2022 Latest Caselaw 4875 Tel

          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.

::2::

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.

::3::

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