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High Court for State of TelanganaWP/32690/2015disposed of no costs

Sangam Janardhan Goud v. Greater Hyderabad Municipal Corporation,

2015-10-13P Naveen Rao6 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH ******** DATE:13.10.2015 Between :

Sangam Janardhan Goud S/o Late Swami Goud R/o H No. 3-52, Khajaguda village, Ranga Reddy district .... Petitioner And GHMC, rep by its Commissioner, Circle XI, Serilingampalli municipality R R district and another .... Respondents Court made the following order:-

ORAL ORDER:

Petitioner challenges the notice issued under Section 636 of HMC Act dated 30.9.2015. Petitioner alleges that no prior notice was issued before passing the impugned notice. Petitioner further submits that he has submitted a representation on 1.10.2015.

2. It appears that petitioner constructed a compound wall without obtaining prior permission. Having noticed that compound wall is constructed without permission,

notice is issued. Therefore no exception can be made in issuing notice by competent authority.

3. Learned counsel for petitioner submits that notices under Sections 451 and 452 of the HMC Act were not served on the petitioner. On the contrary, learned standing counsel for respondent GHMC submits that petitioner refused notices and the same were pasted on the compound wall and photographs are filed along with the parawise remakrs showing pasting of the notices on the compound wall.

4. Be that as it may, since petitioner submitted representation dated 1.10.2015, same may be treated as explanation to the notices issued earlier including notice dated 30.9.2015 and to consider the same and pass appropriate orders as warranted by law, within a period of three weeks from the date of receipt of copy of this order. Till such orders are passed, respondents shall not take any coercive steps against the petitioner.

Accordingly, the writ petition is disposed of. No costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. __________________ P.NAVEEN RAO,J Date: 13.10.2015.

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DATE:13.10.2015