Majeti Lakshmi Narasimha Murthy, v. The State Of Andhra Pradesh, Rep. By Its Principal

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.39083 OF 2016 DATED : 30.11.2016 Between :

Majeti Lakshmi Narasimha Murthy, S/o.M.Nageswara Rao, Aged 60 yrs, Occu : Business, R/o.D.No.4-21, Opp : TTD Kalyana Mandapam, Mangalagiri Town, Guntur District.

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Petitioner And The State of Andhra Pradesh, Rep., by its Principal Secretary, Municipal Administration and Urban Development Department (MA & UD), Secretariat Buildings, Hyderabad & others.

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Respondents This court made the following :

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.39083 OF 2016 ORDER :

Alleging that petitioner undertook construction of building contrary to the building permission granted and observing lot of deviations in the construction, notice was issued to him on 30.07.2016. Admittedly, petitioner did not respond to the notice issued. Having waited for considerable time, the 3rd respondentpassed orders on 07.08.2016, directing the petitioner to remove the illegal constructions made.

2.

Earlier matter was heard at length and having noticed the stand of the respondents through learned Standing Counsel, that the petitioner did not observe the set backs and undertook construction by covering the entire extent of plot, learned counsel for the petitioner sought for adjournment.

3.

Learned counsel for the petitioner would submit that petitioner was not informed about the alleged deviations. I cannot accept such contention. Petitioner is aware of the permission granted to him. The permission was granted as per the building permission application applied by him. Therefore, he would know the extent of deviations made by him. However, in order to give one opportunity, I direct the respondent-Municipality, to serve a notice mentioning the deviations that are required to be removed, on the petitioner within one week from the date of receipt of copy of this order. On service of such notice, the petitioner shall undertake

removal of extra constructions made in deviation of the building plan, within a further period of four (4) weeks. For a period of four weeks, after service of notice as directed above, the Municipality shall not take any coercive action against the petitioner. 4.

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

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ P.NAVEEN RAO,J 30th November, 2016 Rds