Smt. Nooriunnissa Yasmeen v. The Commissioner

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.22226 OF 2010 ORDER:

This writ petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking the following relief/s: "....to issue an order or a direction or a writ and more particularly a writ of mandamus declaring the impugned show cause notice dated 17.8.2010 issued by the Commissioner, Warangal Municipal Corporation, Warangal District, the first respondent herein in proceedings ROC No.G2/14527/2010 is illegal, arbitrary and violation of principles of natural justice and consequently set aside the same." [Reproduced verbatim]

2. I have heard the submissions of the learned counsel for writ petitioner and the learned Standing Counsel for Warangal Municipal Corporation appearing for the 1st respondent. I have perused the material record.

3. While suspending the operation of the order, which is passed on 17.8.2010 by the 1st respondent, this Court had passed an interim order on 06.09.2010 as follows:

'The operation of the order passed on 17.08.2010 by the Commissioner, Warangal Municipal Corporation directing the writ petitioner to stop the construction immediately, is suspended, for a period of eight weeks, subject to the following conditions.

"1. The writ petitioner shall take photographs from all the four sides of the existing building, which is sought to be constructed by her, with date and time printed on the photographs.

2. A set of those photographs shall be deposited with the 1st respondent Corporation within three days from today. Only after depositing the photographs so taken, the petitioner is entitled to make further constructions, but not until then." The said interim order granted by this Court, which was extended from time to time, was finally extended until further orders on 29.01.2011.

4. The learned counsel for the parties would submit that pursuant to the interim orders, approval and permission for construction was granted to the writ petitioner and that the writ petitioner had made constructions within the time allowed under law and, therefore, no further orders are necessary in this writ petition.

5. Recording the aforesaid submissions, the Writ Petition is disposed of. There shall be no order as to costs.

7. Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

______________________________________ JUSTICE M.SEETHARAMA MURTI Date: 05.01.2016 AMD THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI

WRIT PETITION No.22226 OF 2010 DATE: 05.01.2016 AMD