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High Court for State of TelanganaWP/5346/2015disposed of no costs

K.Chandrashekar, v. The State Of Telangana, Rep. By Its Principle Secretary,

2015-03-04A.Rajasheker Reddy2 pages

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.5346 of 2015 ORDER:

While the petitioner claims to be the owner of 320 sq. yards in plot No.7-8-292, Gautami Nagar, Ferozguda, Balanagar Mandal, Kukatpally, Ranga Reddy District, he is said to have alienated 100 sq. yards, and retained 220 sq. yards, and had constructed ground + two floors; and the building was assessed by the Corporation, and has been paying municipal tax. The petitioner further states that he made an application to the third respondent for regularization of the subject building under Building Penalisation Scheme (BPS); in response thereto, the third respondent, through letter dated 26.11.2012, replied that an amount of Rs.1,47,440/- has to be paid towards penalisation charges; and, despite payment of penalisation charges, the third respondent issued a notice dated 21.02.

2015, under Sections 452(1) and 461(1) of the Greater Hyderabad Municipal Corporation Act, stating that the subject building was an unauthorized construction. The petitioner states that, though he submitted his reply dated 23.02.2015, no final orders have been passed thereon; and the staff of the third respondent came to the subject building, and are threatening to demolish the same.

Heard the Learned Counsel for the petitioner and Dr.Y.Padmavathi, Learned Standing Counsel appearing for respondent - Corporation.

Since the petitioner had already submitted his explanation on 23.02.2015, pursuant to the notice dated 21.02.2015, and his BPS application is still pending, it is for the competent authority to consider and pass orders in accordance with law. Till then, status quo obtaining as on today shall be maintained.

The Writ Petition stands disposed of. Miscellaneous petitions pending, if any, shall also stand disposed of. However, in the circumstances, without costs.

A.RAJASHEKER REDDY, J Date:04.03.2015 Note:CC by 06.03.2015 bo usd