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