Bandam Sanyasi Rao, S/O Late Apparao, v. The State Of Andhra Pradesh,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE SECOND DAY OF JUNE TWO THOUSAND AND FIFTEEN

Present

Between:

Bandam Sanyasi Rao, S/o. Late Apparao, Aged about 56 years, retired employee, R/o. Vilikpeta, Yellamanchili Municipality, Visakhapatnam District.

.. Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration, Secretariat Buildings, Hyderabad & 2 others .. Respondents

The Court made the following:

ORDER:

With the consent of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration for the 1st respondent and the learned Standing Counsel for respondents 2 and 3, this writ petition is disposed of at the admission stage.

2. The petitioner claims to have purchased old tiled house with vacant site in an extent of 139 square yards situated at Door No.1-101(2), Vulakapeta, Yellamanchili, vide registered Sale Deed, dated 23.11.1992. He is in peaceful possession and enjoyment of the said property. In addition, the petitioner purchased 132 square yards of open site vide registered Sale Deed, dated 11.08.1993. On 28.02.2015, the petitioner submitted application seeking permission for construction of RCC roofed residential building with ground and first floor in the premises bearing Door No.3-23, Ward No.1, Gawavarveedhi, Vulakapeta, Yellamanchili. Requisite fees was paid on 02.03.2015.

3. The grievance of the petitioner necessitating institution of this writ petition is that even after more than 60 days, no orders are passed on the application submitted by him. Relying on the provision contained in Section 214 of the A.P. Municipalities Act, 1965, the petitioner intend to commence the construction, but the Officers are obstructing undertaking such construction causing lot of hardship and suffering.

4. Having regard to the statutory mandate and having regard to the fact that the application filed by the petitioner, as alleged by the petitioner, is still not processed, the Writ Petition is disposed of, without expressing any opinion on merits, directing the Municipal Commissioner, Yallamanchili Municipality, Yellamanchili, Visakhapatnam District (second respondent) to consider the application for construction of RCC roofed residential building by the petitioner, dated 28.02.2015 and communicate the decision to the petitioner within a period of two (2) weeks. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. _________________ P.NAVEEN RAO, J Date: 2nd June, 2015 KL

Date: 2nd June, 2015 KL