BACHANNA YOUTH ASSOCIATION Vs. M. MURALIDHAR

JUDGEMENT

(1.) The Bachanna Youth Association, the appellant, has challenged the legality of the order, dated 14.10.2019, passed by a learned Single Judge in W.P.No.17951 of 2019, whereby the learned Single Judge has directed the official respondents to take into consideration the grievance of the petitioners, and take the necessary steps to ensure that the unauthorized construction is removed within a period of four weeks from the said date.

(2.) The learned counsel for the appellant submits that the appellant-Association is registered under the Societies Act, in 1984. They have constructed a Pandal for offering prayers to Lord Ganesh. However, the learned Single Judge has passed the impugned order without giving an opportunity of hearing to the Association. Therefore, the impugned order deserves to be interfered with.

(3.) This Court has asked a pointed query to the learned counsel for the appellant whether any sanction plan has been approved by the Greater Hyderabad Municipal Corporation (GHMC) for construction of the Pandal in the middle of the road, or not? For, according to the photographs submitted by the appellant himself, a one room building has been constructed in the middle of a public road. The learned counsel submits that although no sanction plan was approved by the GHMC, as the construction was raised in 1984, it should be permitted to continue to exist. Moreover, by Order dated 16.12.2019, the learned IV Junior Civil Judge, City Civil Court, Hyderabad, has granted status quo order in favour of the appellant, with regard to the same property. The said status quo order will continue till 21.01.2020. Therefore, according to the learned counsel, the impugned order deserves to be set aside by this Court.