Sreelatha Devireddy v. The State Of Telangana,

THE HON'BLE SRI JUSTI CE CHALLA KODANDA RAM W .P.NO.2 3 7 1 OF 2 0 1 7

O R D E R

Aggrieved by the action of the respondents - municipal authorities in resorting to demolish the structures raised by the petitioner, despite the pendency of her application dated 16.4.2008 for regularization, the present writ petition has been filed. The learned counsel for the petitioner as well as the learned Government Pleader for municipal administration submits that this court in similar facts and circumstances in W.P.No.1792 of 2017 dated 20.1.2017, disposed of the writ petition with a direction not to take coercive steps for demolition, till the orders are passed on the application for regularization. The learned counsel submits that the present writ petition may also be disposed of in terms of the said order.

The relevant portion of the order in W.P.No.1792 of 2017 dated 20.1.2017, is as under:

4.

In view of the said submission, following the order dated 18.10.2016 passed by a Division Bench of this Court in W.P.No.5130 of 2016 and batch, this writ petition is disposed of in terms of the said order, directing the authorities concerned of the Municipal Corporation not to take coercive steps for demolition of the illegal structures raised by the petitioner, provided his application seeking regularisation under G.O.Ms.No.152 dated 02.11.2015, was submitted before the cut-off date specified in the said G.O or the extended cut-off date till 01.03.2016.

5. In case the petitioner submitted application for regularisation on or before 01.03.2016, the respondent Municipal Corporation shall not take coercive steps to demolish the illegal structures raised by him till orders are passed on his application for regularisation, and the said orders are communicated to him. It is open to the Municipal Corporation, in case the application of the petitioner for regularisation is rejected, to initiate action for demolishing the illegal structures in accordance with the provisions of the GHMC Act, and the Rules and bylaws made thereunder. It is made clear that in case, the application seeking regularization has

not been submitted before 01.03.2016, it is open to the Municipal Corporation authorities concerned to take action for demolition of the illegal structures, in accordance with law. No order as to costs. Having regard to the facts and circumstances and the submissions of the learned counsel, the writ petition is disposed of at the stage of admission, in terms of the above order of this court dated 20.1.2017 in W.P.No.1792/ 2017. No costs.

Miscellaneous petitions pending if any, shall stand closed. ------------------------------------------ CHALLA KODANDA RAM,J DATE: 24-01--2017 AVS