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High Court for State of TelanganaWP/8017/2009dismissed

Smt. K.Vijaya, v. The Vijayawada Municipal Corporation,

2018-11-09Kongara Vijaya Lakshmi2 pages

HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION NO.8017 of 2009 ORDER:

This writ petition is filed to declare the order of the respondent issued vide proceedings in Rc.U.C.No.10/2009/BOX /BA No.1917/07/G7 dt.12.4.2009 as illegal and arbitrary and a consequential direction was also sought to restrain the respondent from demolishing the building located in R.S.No.143/2 in Plot.No.1, L.P.No.319/78.

The case of the petitioner is that the respondent issued proceedings dated 18.3.2009 under Section 452 of the Hyderabad Municipal Corporation Act, 1955 alleging that the building was constructed in deviation of the approved plan; the petitioner submitted her explanation on 6.4.2009; the respondent has issued the impugned order dated 12.4.2009 rejecting the explanation submitted by the petitioner. Hence, the writ petition. Heard Ms.S.Pranathi, learned counsel for the petitioner and Ms.G.Jhansi, learned standing counsel for Vijayawada Municipal Corporation.

It is submitted by the learned counsel for the petitioner that the application submitted by the petitioner for regularization of the

constructed building has been rejected vide proceedings dated 31.5.2018.

As the petitioner has already filed an application and the same was rejected on 31.5.2018, the Writ Petition is dismissed as infructuous. However, the petitioner is given liberty to avail remedies which are available to her. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. ___________________________ KONGARA VIJAYA LAKSHMI, J Date: 09/11/2018 lkv