HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.7312 of 2006
Date: April 23, 2014
Between:
Syed Shoukath Ali.
… Petitioner And
1. The Commissioner, Municipal Corporation of Hyderabad Hyderabad & 4 others.
… Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.7312 of 2006
O R D E R:
Heard learned counsel for the petitioner and learned standing counsel for respondents 1 to 3. None appears for the 4th respondent and the case against 5th respondent was dismissed for default.
2. The petitioner states that he is the owner of an extent of 2650 square feet of the constructed area in the ground floor on the southern side together with 104 square yards of undivided land out of the total area of 2500 square yards in the premises bearing Nos.6-6- 248/1/1/a, 6-3-248/1/b and 6-3-248/1/1/b-5, situated at Road No.1, Banjara Hills, Hyderabad, in the commercial complex building known as ABN Building. The said building was constructed as per the sanctioned plans in Permit No.81/59 in File No.59/TP5/97 dated 27.11.1997 of the Commissioner, MCH, Hyderabad. The plan was sanctioned for construction of commercial complex in the front portion consisting of cellar, ground floor plus 4 upper floors and residential complex in the rear side consisting of stilt plus 4 upper floors. The entire ground floor comprises in the southern side portion has been leased out to ABN Amro Bank Limited. When respondents 4 and 5 were making constructions blocking the passage on the southern side of the building and making preparations to erect a concrete bridge/fly over connecting the first floor/2nd floor of the rear side building complex without obtaining permission from respondents 1 to 3, the petitioner submitted a representation on 29.03.2006 which was received on 31.03.2006.
3. Respondents 1 to 3 did not file any counter-affidavit.
4. In view of the averments made in the affidavit and in view of submission of representation by the petitioner, it is not necessary for this Court to keep this writ petition pending awaiting counter-affidavit of respondents 1 to 3.
5. In the circumstances, the writ petition is disposed of directing respondents 1 to 3 to inspect the premises of the petitioner and consider his representation dated 29.03.2006 received by the respondents on 31.03.2006 and pass appropriate orders thereon by issuing due notice to respondents 4 and 5. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: April 23, 2014 BSB
39 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.7312 of 2006
Date: April 23, 2014
BSB