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Mohammed Ali Imam Najaf vs The State Of Telangana
2025 Latest Caselaw 2290 Tel

Citation : 2025 Latest Caselaw 2290 Tel
Judgement Date : 18 February, 2025

Telangana High Court

Mohammed Ali Imam Najaf vs The State Of Telangana on 18 February, 2025

Author: K. Lakshman
Bench: K. Lakshman
              HON'BLE SRI JUSTICE K. LAKSHMAN

               WRIT PETITION No.4645 OF 2025

ORAL ORDER:

Heard Mr.Avinash Karnakoti, learned counsel for the

petitioner, learned Assistant Government Pleader for

Municipal Administration and Urban Development for

respondent No.1 and Mr.Midde Arun Kumar, learned

Standing Counsel for respondent Nos.2 and 3.

2. The petitioner herein is claiming that he is the absolute

owner and possessor of House bearing No.10-3-444/1/4,

admeasuring 850 square yards, forming part in Sy.No.162

(old), 10 (new), situated at Vijaya Nagar Colony, Hyderabad,

on the strength of Judgment and Decree dated 08.12.2023 in

O.S.No.823 of 2014 passed by the learned XIV Additional

Chief Judge, City Civil Court, Hyderabad. Basing on the said

Decree and Judgment, he sought for assessment of the said

house and allotment of house number including PTI number,

the same was not considered. Therefore, he filed

W.P.No.37084 of 2024. Vide order dated 02.01.2025, this

Court disposed of the said writ petition directing respondent

Nos.2 and 3 to consider the representation dated 18.11.2024

and also online application dated 25.12.2024 submitted by

the petitioner seeking issuance of PTI number by assessing

the said property. If they are not inclined to accept the

request made by the petitioner, they shall assign specific

reasons and pass a reasoned order and communicate the

copy of the said order to the petitioner and they shall

complete the said exercise within four (4) weeks from the date

of receipt of a copy of the said order.

3. In compliance with the said order, respondent No.3 has

issued notice dated 16.01.2025 and conducted hearing.

Thereafter, he has passed speaking order dated 23.01.2025

rejecting the request made by the petitioner holding that on

the ground of misrepresentation and suppression of material

facts. Respondent No.3 has also initiated steps to lodge a

criminal complaint against the petitioner herein.

4. The impugned speaking order dated 23.01.2025 is an

appealable order in terms of Section 655 of the Greater

Hyderabad Municipal Corporation Act, 1955. It is not the case

of the petitioner herein that the impugned order is in violation

of the principles of natural justice and the procedure laid

down under GHMC Act, 1955 to maintain the present writ

petition despite availability of alternative remedy of appeal.

5. In the light of the same, this Writ Petition is liable to be

dismissed, and accordingly, dismissed granting liberty to the

petitioner to prefer an appeal under Section 655 of the GHMC

Act, 1955 challenging the impugned speaking order dated

23.01.2025. In the circumstances of the case, there shall be

no order as to costs.

As a sequel thereto, miscellaneous petitions, if any,

pending in the Writ Petition shall stand closed.

___________________ K. LAKSHMAN, J February 18, 2025 ynk

 
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