Dr.Vishnumurthy, Hyd. v. Commr. G.H.M.C. Hyd

THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION NO.11874 OF 2009 ORDER:

This Writ Petition is filed to direct the respondent not to take any action based on the impugned notice dated 08.06.2009.

The petitioner has made an application for regularisation on 15.07.2008 by paying requisite fee and pending the said application, the respondent has issued the impugned notice dated 08.06.2009. The said notice is vague and improper on the reasons that it includes the ground floor which was constructed prior to the year 1994. While admitting the Writ Petition, this Court granted interim order in W.P.M.P.No.15301 of 2009 directing the respondent not to remove/demolish any part of the structures pursuant to the impugned notice dated 08.06.2009 till the petitioner's representation for regularisation is disposed of. Learned Standing Counsel for the respondent submitted para-wise remarks on behalf of the respondent stating that the subject property has already been penalised under the Building Penalisation Scheme vide proceedings dated 13.10.2009.

In view of the fact that the proceedings were issued on 13.10.2009 itself under the Building Penalisation Scheme, no further orders are necessary in this Writ Petition.

The Writ Petition is closed. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed.

__________________________________ (KONGARA VIJAYA LAKSHMI, J) 15th November 2018 RRB