S. Sanjay v. The State Of Telangana And 4 Others
THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 21847 of 2019 ORDER:
This Writ Petition is filed for the following relief: "....to issue a Writ of Mandamus or any other appropriate Writ or Writs Order or Orders declaring the action of Respondents more particularly Respondent Nos.2 and 3 of the Correspondence No 368725/2019/TAPPAL SECCDMA pursuant to the Representation Dated 08.07.2019 submitted by the Petitioner in which it is requested to stop illegal unauthorized construction made by the Respondent Nos.4 and 5 without any valid permission over the Plot no.101 in Sy.No.32 situated Nagaram Village Keesara Mandal MedchalMalkajgiri District is illegal, arbitrary, unjust and also violation of section 211 of Telangana Municipalities Act, 1965, and consequently Direct the Respondent nos.1 to 3 to demolish the unauthorized structures without permission over the above said premises in due process of law."
When the matter is taken up, it is submitted by the learned counsel for the petitioner that the issue raised in the present Writ Petition is squarely covered by the order dated 27.10.2006 passed by the Division Bench of this Court in W.P.No.20000 of 2006. Learned Standing Counsel for Nagaram Municipality appearing for respondent No.3 does not dispute the aforesaid submission.
Relevant portion of the aforesaid order reads as under: "Hence, the writ petition is disposed of as infructuous with liberty to the petitioner to seek revival of the same, if final action is not taken by the municipal authorities within a reasonable time.
CKR, J W.P.No.21847 of 2019 Needless to say that this order shall not preclude respondent No.2 from showing to the concerned authority of the municipality that the construction being raised by her is not in violation of the sanctioned plan and that she would make further construction strictly in accordance with the sanctioned plan.
While disposing of the writ petition in the manner indicated above and by taking cognizance of a large number of similar petitions which are filed before this Court with the complaint that despite representations and legal notices, the authorities of the municipality do not take action to stop illegal and unauthorized constructions, we deem it proper to issue the following general directions:
1) The Commissioners and/or other concerned authorities of the Municipal Corporations and Municipalities in the State of Andhra Pradesh should within a period of 15 days from the date of receipt of representation made or notice sent by any person with the complaint regarding illegal/unauthorized construction, invariably give a written response to the person sending representation or notice."
2) The concerned authorities of the Municipal Corporations or Municipalities shall take necessary measures/steps to ensure that no one is allowed to raise construction without obtaining the building plan sanctioned from the competent authority and no construction is made in violation of the sanctioned plan or master/zonal plan/lay out." In those circumstances, following the above said order and for the reasons recorded therein, this Writ Petition is also disposed of in terms of the general directions issued in the order dated 27.10.2006 passed by the Division Bench of this Court in W.P.No.20000 of 2006.
Miscellaneous Petitions, if any pending, shall stand closed. There shall be no order as to costs.
_________________________ CHALLA KODANDA RAM, J 30th SEPTEMBER, 2019.
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