D. Babu Rao v. The Warangal Municipal Corporation,

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.36006 OF 2012 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking to issue a writ or direction, preferably, writ of mandamus to declare the action of the respondent and its subordinates in trying to demolish the existing structures i.e., temporary shed (room) situated in Sy.No.757 of Hanamakonda (V & M), Warangal District without issuing any notice as illegal and arbitrary and consequently, direct the respondent and its subordinates not to demolish the said structures.

2.

Case of the petitioner is that he purchased land to an extent of Ac.0.20 guntas in Sy.No.757 of Hanamakonda (V & M), Warangal District from one Kotagiri Suguna, W/o.Govardhan for valuable consideration through a registered agreement of sale - cum - GPA vide document No.3393/2008, dated 22.5.2008; that he submitted a representation to the respondent on 24.1.2011 for construction of temporary store room/shed to protect the said land; that he applied for permission on 16.6.2012 for construction of house, but no action has been taken so far and in the meanwhile, he obtained power connection to the said room; that instead of considering his request for grant of permission, without issuing any notice, the subordinates of the respondent visited the room and removed its windows by force and they are also trying to demolish the existing room on the ground that they are surveying the entire adjacent land.

3.

Heard.

4.

Considering all the facts and circumstances of the case, the petitioner is directed to file a fresh application for building permission to the respondent on or before 25.2.2017 with all relevant documents and thereupon, the respondent shall dispose of the same within a period of three (3) months. Till then, the respondent is directed not to demolish the existing room of the petitioner.

5.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

6.

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

_________________________ JUSTICE RAJA ELANGO 30.1.2017 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.36006 OF 2012 Date: 30.1.2017 AMD