High Court for State of TelanganaWP/38244/2013disposed of no costs

R. Jyothi v. The State Of Andhra Pradesh,

2015-08-27P Naveen Rao2 pages

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.38244 of 2013 DATED : 27.08.2015 Between :

R. Jyothi W/o.R.Venkatesh, Aged abo9ut 36 yrs, Occu : Housewife, R/o.H.No.8-166/A, Madhura Nagar, Raidarga, Serlingampally Mandal, Ranga Reddy District.

.. Petitioner and The State of Andhra Pradesh, Rep., by its Principal Secretary Municipal & Urban Development, Secretariat, Hyderabad & others.

.. Respondents This court made the following :

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38244 of 2013 ORDER :

The petitioner claims to be the owner of Mulgi size 4' x16' feet bearing H.No.8-166/A, admeasuring to an extent of 84 Square yards, Madhura Nagar Colony, Raidarga Hussain Shah Walli, Serlingampally mandal, Ranga Reddy District. In this writ petition the petitioner alleges that without following the due process the authorities of respondent-Corporation are threatening to remove a small structure made in front of her shop within the premises belonging to her illegally and everyday they are creating nuisance.

2. Learned standing Counsel is fair in submitting that appropriate action according to the law would be followed before removing any illegal structures made.

3. Having regard to the above statement, the Writ Petition is disposed of granting liberty to the respondent-Corporation to take action as warranted by law, if the Municipal Corporation is of the opinion that the petitioner has encroached into the public place and has erected tin shed without obtaining prior permission by following the due process and by affording due opportunity to the petitioner. Until due process is followed, no coercive steps shall be taken against the petitioner. The petitioner is also directed not to undertake any further construction, than what is visible in the photographs, filed as material papers in the writ petition. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ P.NAVEEN RAO,J 27th August, 2015.

Rds