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High Court for State of TelanganaWP/7893/2017disposed of no costs

Batchu Sathyam, S/O. Late Laxminarsaiah, v. The State Of Telangana, Rep. By Its Principal Secretary,

2017-06-27Raja Elango3 pages

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.7893 OF 2017 ORDER:

1.

This writ petition is filed by the petitioner questioning the illegal action of respondents Nos.2 and 3 in threatening to demolish and interfere with the constructions being made by the petitioner in 400 Sq. Yards in Plot Nos.5A & 06/Part in Sy.Nos.545, 546 and 547 situated in Toopran Village & Mandal, Medak District.

2.

The case of the petitioner is as follows:

The petitioner is the owner of the subject plot and he obtained building permission from the 4th respondent vide proceedings dated 31.3.2016. According to the approved plan, he completed half of the building construction work. At that stage, the 4th respondent issued a letter dated 7.12.2016 directing the petitioner to stop the construction. The 4th respondent also stayed the order of building construction permission temporarily. Aggrieved by the same, the petitioner filed W.P.No.44702 of 2016 against the 4th respondent and other official respondents concerned. This Court allowed the said writ petition and set aside the letter of the 4th respondent, vide order dated 29.12.2016. The said order was placed before respondents Nos.2 and 3. In spite of the same, the respondents came to the above plot and threatened that they will demolish the building of the petitioner, which was under construction in the above plot. Hence, the petitioner filed this writ petition.

3.

Heard and perused the material available on record. 4.

When this matter has come up for hearing, Sri Siddarth, learned Counsel representing Sri V. Narasimha Goud, learned Standing Counsel for

HMDA, submitted that after obtaining permission from the 4th respondentGrampanchayat, the petitioner started construction of the building and that respondents Nos.1 to 4 will not interfere with the construction of the said building without following the due process of law. 5.

Considering the circumstances of the case and the above submission made on behalf of the learned Standing Counsel for HMDA, without expressing any opinion, this Writ Petition is disposed of with the following direction:

"Respondents are directed not to interfere with the construction of the building in the subject plot, in any manner, except under due process of law."

No costs. Consequently, Miscellaneous petitions pending, if any, shall stand closed.

_________________ JUSTICE RAJA ELANGO Dated: 27th June, 2017 TSR.

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.7893 OF 2017 27/6/2017 TSR.