Mohammed Ghouse v. Sri M. Mahender,

Date :14.7.2017 Between :

Mohammed Ghouse S/o Mohammad Bhukoo Aged 56 yrs R/o H NO. 16-2-537 & 538 Osmanpura, Malakpet, Paltan, Hyderabad Petitioner And Sri M Mahender The Asst Town Planner, GHMC- Circle IV, Sardar Mahal Hyderabad and another Respondents The Court made the following:

ORAL ORDER:

On 21.12.2016, this Court taking note of the statement of the learned standing counsel that no building permission was granted to 8th respondent in the writ petition and that he was undertaking the construction even without filing an application showing the building plan, 8th respondent was directed not to make any construction in the subject property and 5th respondent in the writ petition was directed to ensure that no further construction is taken up by 8th respondent. Alleging violation of the said direction and that 8th respondent in the writ petition is proceeding with construction even after interim order was communicated to him, this contempt case is filed. 2.

Second respondent in this contempt case who is 8th respondent in the writ petition, filed counter affidavit. In paragraph 10 of the counter affidavit, he has asserted that after receipt of the order of this Court, he has stopped the construction work and has not made even an inch of construction over the subject property. It is also stated that a vacate stay petition is filed and the same is pending consideration before this Court. A memo is filed by the second respondent enclosing photographs showing that no further construction was made and whatever construction that is reflected in the photographs is construction made prior to passing of interim orders. This stand of the respondent is not denied.

3.

The categorical assertion of the second respondent in his counter affidavit is accepted and contempt case is closed. No costs. ______________ P NAVEEN RAO,J DATE: 14.7.2017 TVK

Date :14.7.2017