Telangana High Court
Mario Joesph Hayden vs The State Of Telangana on 12 September, 2023
Bench: T.Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
WRIT PETITION No.25287 of 2023
ORDER:
In this Writ Petition, the petitioner had called in question the
inaction of respondents in considering the petitioner's
representation dated 31-07-2023 as illegal and arbitrary.
2. Heard learned counsel for petitioner in the morning Session,
and on the matter was passed over, there is no representation on
behalf of learned counsel for petitioner in the After Noon session.
Heard learned Government Pleader for Municipal Administration
and Urban Development appearing for respondent No.1 and Sri
K.Ravinder Reddy, learned Standing Counsel appearing for
respondent Nos.2 and 3, and perused the record. With their
consent, the present Writ Petition is taken up for hearing and
disposal at the admission stage. Thus, notice to unofficial
respondents felt unnecessary since it is the action of official
respondents is called for in the present Writ Petition.
3. Petitioner contends that he is the owner of house bearing
No.12-7-109/1/A situated at Mettuguda, Secunderabad; that
petitioner on account of his employment is living in Australia and
visits his dwelling house in India every 6 months; and that
respondent No.4, taking advantage of absence of petitioner, has
raised multi floor building by not leaving set backs and literally
raising column/wall on petitioner's staircase. It is further
contended by the petitioner that respondent No.4 has flouted all the
permission norms and carrying on the construction as on date in
deviation of the sanctioned plan.
4. Petitioner further contends that aggrieved by the said action
on the part of unofficial respondent, he had approached respondent
Nos.2 and 3 Authority and submitted a representation/application
dated 31-07-2023 bringing to their notice about the illegal
construction being carried on by respondent No.4.
5. It is also contended by petitioner that upon petitioner making
complaint to respondent No.3 on 31-07-2023, respondent No.3 had
issued a letter dated 08-08-2023 to the petitioner informing him
that respondent-authorities have issued a show cause notice to
respondent No.4 on 08-08-2023 directing the respondent No.4 to
submit her explanation within 7 days from the date of notice,
failing which further necessary action would be initiated.
6. Petitioner contends that in spite of being informed of the
notice having been issued to respondent No.4 on 08-08-2023, no
further action has been taken, and thus, the petitioner is constrained
to approach this Court.
7. Learned Standing Counsel appearing on behalf of respondent
Nos.2 and 3 has placed before this Court the written instructions
under the signature of the Assistant City Planner, Circle-29,
Secunderabad, GHMC. The said written instructions are taken on
record.
8. By the said written instructions, it is stated that respondent
No.4 had obtained building permission from respondent Nos.2 and
3 for construction of stilt + (2) upper floors for residential purpose
in premises No.12-7-109/B situated at Mettuguda, Secunderabad
vide application dated 25-01-2023 through TS-bPASS and
commenced construction.
9. By the written instructions, it is also stated that the unofficial
respondent made construction in deviation of the sanctioned plan,
and on receiving complaint from the petitioner, the Officials of the
respondent-Corporation issued show cause notice to respondent
No.4 on 08-08-2023 calling for explanation, and that respondent
No.4 submitted her explanation on 22-08-2023 stating that she is
not making any illegal construction.
10. By the said written instructions, it is also stated that the
unofficial respondent while submitting explanation to the show
cause notice of the official respondents, had also approached the
City Civil Court by filing suit vide O.S.No.132 of 2023 and
obtained an injunction order in I.A.No.462 of 2023. By the said
written instructions, it is also stated that under the shelter of the
said injunction order, respondent No.4 is proceeding with the
construction in deviation of the sanction plan, for which the
respondent-Corporation had issued a speaking order dated
01-09-2023 to the unofficial respondent granting 15 days time to
remove the deviations noted therein.
11. Learned Standing Counsel appearing for respondent Nos.2
and 3 further submits that the respondent-authorities are taking
steps to get the injunction order obtained I.A.No.462 of 2023 in
O.S.No.132 of 2023 vacated.
12. Learned Standing Counsel, by drawing the attention of this
Court to a judgment rendered by a Division Bench of this Court
Y.Jyothirmoy and others Vs. Municipal Corporation of
Hyderabad 1, submits that the Division Bench of this Court had
laid down 11 guidelines for the guidance of Civil Courts while
dealing with injunctions being sought against statutory notices.
Learned Standing Counsel further submits that the above said
guidelines laid down in the above judgment of this Court were also
brought to the notice of the Court below while seeking for vacation
of the interim order.
13. Learned Standing Counsel further submits that on expiry of
15 days period from the date of speaking order i.e. 01-09-2023, the
official respondents would take further action in the matter by
removing the deviations as noted in the speaking order.
14. Having regard to the submissions made as above, and taking
note of the fact that the Authorities have already passed a speaking
order granting 15 days time to respondent No.4 for removing the
deviations/unauthorized construction as noted therein and the fact
2007 SCC Online A.P. 35
that 15 days time would expire on 15-09-2023, it is needless to the
mention that respondent-authorities shall take further course of
action in accordance with law.
15. Subject to the above observations and directions, the Writ
Petition is disposed of. No costs.
16. It is made clear that this Court has not expressed any view on
the merits of the claims of the contesting parties.
As a sequel, miscellaneous petitions pending if any shall
stand closed. No costs.
___________________
T. VINOD KUMAR, J
Date: 12.09.2023
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