Md.Ghouse Pasha v. The State Of Telangana And 5 Others

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 20403 of 2019 O R D E R:

In this writ petition, petitioner challenges the intimation dated 13.08.2019 issued by respondent No.3-Sircilla Municipality directing him to stop the construction work in the subject premises. The petitioner submits that though he submitted his explanation along with the structural map pursuant to the impugned intimation on 21.08.2019, the respondent authorities are proceeding with the demolition.

Learned Standing Counsel for respondent No.3 while denying the allegation of the petitioner, submits that the petitioner had made constructions by erecting pillars in the front setback portion. At this stage, it is submitted by the learned counsel for the petitioner that the petitioner had not erected the pillars in the affected portion and he submitted before this Court a sketch map to prove the same. In those circumstances, the respondent authorities shall re-verify the ground position and on such re-verification, if they found that the petitioner had made construction by erecting the pillars in the road margin area, they shall take steps to remove the same. It is made clear that if there is no encroachment by the petitioner and the alleged construction is in conformity with the sanctioned plan, the respondent authorities shall not interfere with the same.

The writ petition is accordingly disposed of. Miscellaneous petitions, if any, pending in this writ petition shall also stand disposed of. There shall be no order as to costs. _________________________ CHALLA KODANDA RAM, J Dt:23.09.2019 kdl