Surampalli Ramesh, v. State Of Andhra Pradesh,

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.3903 of 2016 Date:09.02.2016 Between:

Surampalli Ramesh, S/o Late Brahmaji ..... Petitioner And:

The State of A.P., reptd by its Principal Secretary, Municipal Admn. & Urban Development, Hyderabad, and another.

.....Respondents Counsel for the Petitioner: Mr. K.Jyothi Prasad For Mr. K.Sarvabhouma Rao Counsel for Respondent No.1: GP for Municipal Admn. (AP) The Court made the following:

ORDER:

This Writ Petition is filed for the following substantive relief:

".... to issue Writ of Mandamus declaring the action of respondent No.2 in attempting to demolish the existing structure of the petitioner in an extent of 112 square feet, equivalent to 12.44 square yards, situated in Door No.8-2-12, assessment

No.10850005142, T.S.No.224/P, Chowk Road, Chowk Ward, Srikakulam, without issuing any notice, without conducting any enquiry, when the application under Building Penalisation Scheme, dated 22.06.2015, in pursuance of G.O.Ms.No.128, Municipal Administration and Urban Development (M1), Department, dated 22.05.2015 is pending, with ID No. BPS/SRI/12/0279915 under the said G.O. as illegal, arbitrary, unjust, malafide and against the Constitutional guarantees and consequently, to direct the respondents not to demolish the above said construction." After arguing the case, Mr. K.Jyothi Prasad, learned counsel representing Mr. K.Sarvabhouma Rao, learned counsel for the petitioner, requested for permission of the Court to withdraw the Writ Petition with liberty to his client to avail appropriate alternative remedies available to him in law.

The Writ Petition is, accordingly, dismissed as withdrawn with liberty to the petitioner in terms of the prayer made.

As a sequel to dismissal of the Writ Petition, W.P.M.P.No.5005 of 2016 shall stand dismissed as infructuous.

____________________________ JUSTICE C.V.NAGARJUNA REDDY 09th February, 2016 DR