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High Court for State of TelanganaWP/4751/2019allowed no costs

Mr. Shaik Mohammed Mahmood, v. The State Of Telangana,

2019-03-12Challa Kodanda Ram2 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 4751 OF 2019 O R D E R:

In this writ petition, petitioner challenges the notice, dated 14.02.2019, issued by respondent No.3-Assistant City Planner, Town Planning Section, Circle No.20, Serilingampally Circle, Greater Hyderabad Municipal Corporation, Hyderabad.

The petitioner asserts that the impugned notice was issued to a wrong address and he is nothing to do with the address mentioned therein or the constructions which are alleged to be made. He further asserts that in fact he was granted building permission on 12.09.2018 for construction of two floors over an extent of 120.38 square meters situated at Rajeevnagar, Gachibowli Village, Serilingampally Mandal, Ranga Reddy District. Today, when the matter is taken up, Sri Sampath Prabhakar Reddy, learned Standing Counsel for respondent Nos.2 to 4 fairly concedes that the impugned notice came to be issued to the wrong address and that the constructions made by the petitioner is in violation of the sanctioned plan.

Having regard to the facts and circumstances of the case and once it is admitted that the impugned notice was issued to the wrong address, the writ petition is allowed and the impugned notice is set aside. However, it is open to the respondent authorities to issue fresh notice and take necessary action with respect to the violations alleged to be committed by the petitioner with respect to the sanctioned plan.

Miscellaneous applications, if any pending, in the Writ Petition shall also stand closed. No costs.

________________________ CHALLA KODANDA RAM, J Dt:12.03.2019 kdl