Valupadasu Raju v. Sri N. Ravi Kiran

THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY CONTEMPT CASE No.707 of 2019 ORDER:

Heared Mr. S.Surrender Reddy, learned counsel appearing for the respondents. There is no representation on behalf of petitioner.

The W.P.No.6257 of 2019.was filed to declare the action of respondents corporation in issuing proceedings dated 18.03.2019 and 18.01.2019 in connection with the renovation of the old house and rejecting his building permission as illegal and consequently prayed this Court to direct the respondent to grant building permission. This Court vide order dated 14.04.2019 disposed of the writ petition granting liberty to the petitioner to make good shortfall/deficiencies intimated in the impugned notice and on such compliance respondents shall consider his application for building permission and pass appropriate orders afresh in accordance with law. Alleging violation of the said order by the respondents, the present contempt case has been filed.

Respondent No.1 has filed the counter affidavit stating that in compliance of the orders of this Court dated 14.04.2019 petitioner has resubmitted building permission application in

DPMS Portal and the same was considered and on verification of the same, it is observed that petitioner has failed to comply the earlier shortfalls and the same is necessary for granting building permission to an individual for the proposed construction. It is further stated in the counter affidavit that the petitioner has no prima facie title in his favour and he has not enclosed any registered document which stands in his name and on the other hand, the measurements of the subject plot and drawings submitted by the petitioner were not satisfied with the National Building Code, as such petitioner's application was rejected and the same has been intimated to the petitioner on 25.05.2019. Since the petitioner's application has been considered and respondents have issued fresh proceedings, no contempt lies on the part of the respondents. However, petitioner is at liberty to question the said proceedings by filing appropriate petition. Accordingly the contempt case is closed. No costs. As a sequel, miscellaneous applications pending if any, shall stand closed.

__________________________ C.V.BHASKAR REDDY, J 03-02-2023 AQS