B. Srinivas v. The State Of Telangana

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.1017 of 2017 ORDER:

Apprehending that the respondent Corporation is trying to take coercive action against the petitioner, this writ petition is filed.

Counsel for petitioner contends that a notice was issued under Section 461 of Hyderabad Municipal Corporation Act, 1955 (for short 'the Act') calling upon the petitioner to submit sanctioned plan and relevant registered documents for verification and the documents were submitted by him on 20.12.2016. Since the notice was under Section 461 of the Act, there is every possibility of taking action without any further notice.

Learned counsel for petitioner submits that petitioner has submitted an application on 18.12.2015 for regularization of unauthorized constructions made by him by availing Building Penalization Scheme floated by the Government and the same is pending.

Since application for regularization of unauthorized construction submitted by petitioner is in accordance with the

scheme floated by the Government, if the same is pending consideration, respondents are directed not to take coercive action against petitioner till the orders are passed on the said application.

Writ Petition is accordingly disposed of.

Pending miscellaneous applications, if any, shall stand closed in consequence.

______________________ P. NAVEEN RAO, J 6th JANUARY, 2017.

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