Sri.Katta Rajalingam And 3 Others v. The State Of Telangana And 2 Others

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.14237 OF 2019 Date:19.08.2019 Between:

Sri Katta Rajalingam, S/o. Late Katta Nagaiah, Aged about 55 years, Occ: Business, R/o.Plot No.62, Dwaraka Thirumala Colony, Karmanghat, Hastinapuram, K.V.Ranga Reddy, Telangana State and others .. Petitioners And The State of Telangana, rep., by its Principal Secretary, Department of Municipal Administration, Secretariat, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.14237 OF 2019 ORDER:

Heard learned counsel for the petitioners, learned Government Pleader for Municipal Administration for respondent No.1, Sri N. Ashok Kumar, learned standing counsel for GHMC for respondent Nos.2 and 3.

2.

According to learned counsel for the petitioners, petitioners obtained two building permissions for construction of stilt + two upper floors and they are undertaking construction strictly in accordance with the building permissions granted to them. While so, the officials of the respondent - Municipal Corporation are interfering and obstructing with the construction of the petitioners without any justification.

3.

Learned standing counsel for GHMC vehemently denies the contention of learned counsel for the petitioners. Learned standing counsel for GHMC, on instructions, submits that though the cellar permission was not obtained, the petitioners were found digging cellar and at that stage having noticed that the petitioners are undertaking construction of cellar, the officials of the respondent - Corporation interfered with their construction. He also informed that on 22.07.2019, a notice was also issued calling upon the petitioners not to undertake construction of cellar. 4.

Having regard to these submissions, the Writ Petition is disposed of directing the petitioners to confine their construction to the extent of building permissions granted to them. Further, the petitioners shall also file an undertaking before the Commissioner,

GHMC, the 2nd respondent, within one week from today stating that they will not undertake any construction in deviation of the building permissions granted to them and they will not undertake construction of cellar. Subject to filing of such affidavit, the respondent - Corporation may permit the petitioners to undertake construction and it shall also monitor the construction to ensure that they comply with the permissions granted. However, it is always open to the respondent - Corporation to take steps, if it notices any deviation in construction by the petitioners.

Miscellaneous petitions, if any, shall stand closed. _____________________ P. NAVEEN RAO, J Date:19.08.2019 KH