Sangam Kamalamma v. Greater Hyderabad Muncipal Corporation
THE HONOURABLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.2685 of 2020 ORDER:
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for respondent Nos.1 and 2-Corporation. 2.
The prayer sought in the writ petition is as under: '...to issue an appropriate order or orders more particularly one in the nature of writ of mandamus declaring inaction of the Respondents 1, 2 & 8 in not demolishing the illegal construction and not taking any necessary actions on the Petitioner's Representation dated 31-10-2019 & 15-11-2019 and not removing the unauthorized, illegal construction is arbitrary, unjust, unilateral and unconstitutional and be pleased direct the Respondent 1, 2 & 8 to act on the representation dated 31-10-2019 and 15-11-2019 pass such other order or orders may deem fit and proper in the circumstances of the case.'
3.
Learned Standing Counsel placed on record the written instructions issued by the Assistant City Planner, Circle-20. 4.
From a perusal of the said written instructions, it is revealed that the 2nd respondent Corporation through its officers inspected the site in question and observed that the 3rd respondent is proceeding with unauthorized construction of ground and first floor in a plot area extent of 60-70 sq. yards. Since, it was an unauthorized construction, the 2nd respondent Corporation stopped the construction work and issued notice under Sections 461(1) and 452(1) of the Greater Hyderabad Municipal Corporation Act, 1955 (for short, 'the Act') on 10.02.2019. After stipulated time mentioned in the above said notice, the Corporation will take action as per the provisions of the Act. 5.
Since the Corporation has already initiated action and appropriate action will be taken after issuance of the final notice, this
Court is of the opinion that no further cause would survive in the writ petition and the same is liable to be closed. 6.
Accordingly, the writ petition is closed. No order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ P. KESHAVA RAO, J 12th February 2020 mar