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High Court for State of TelanganaWP/46461/2016disposed of no costs

B. Srinivas v. The Commissioner,

2017-01-02P Naveen Rao3 pages

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.46461 OF 2016 DATED : 02.01.2017 Between :

B.Srinivas S/o.B.Narayana, Hindu, Aged about 46 yrs, Occu : Business, R/o.H.No.27-16/35/2, L.B.Nagar, Malkajgiri, Neredmet, Hyderabad.

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Petitioner And Greater Hyderabad Municipal Corporation, Rep., by Commissioner, Circle No.XVII, Malkajgiri, Hyderabad.

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Respondent This court made the following :

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.46461 OF 2016 ORDER :

Heard. With the consent of learned counsel for the petitioner and learned Government pleader, the writ petition is disposed of at the admission stage.

2.

The petitioner is the owner of land admeasuring 298.66 Square yards, situated at Municipal No.27-16/35/2, Plot No.49, Survey No.76, 77/1, & 78, L.B.Nagar, Malkajgiri. Petitioner obtained permission for construction of ground + first floor on 29.08.2003 and subsequently, for second floor on 05.11.2004 from the respondent. Thereafter petitioner constructed 3rd & 4th floors and submitted application on 25.01.2016 for regularization of unauthorised constructions. Petitioner alleges that pending consideration of the application for regularization, respondent issued notice under Section 452 (1) & 461 (1) of the Greater Hyderabad Municipal Corporation Act and threatening to take coercive action.

3.

Learned Standing counsel for the respondent submits that the respondent may be directed to dispose of the representation submitted by the petitioner.

4.

Having regard to the above submissions, without expressing any opinion on merits, the Writ Petition is disposed of, directing the respondent to consider the application submitted by the petitioner on 25.01.2016 for regularization of unauthorised construction, and pass appropriate orders as warranted by law, within a period of four (4) weeks from the date of receipt of copy of

this order, and communicate the same to the petitioner. There shall be no order as to costs.

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

__________________ P.NAVEEN RAO,J 2nd January, 2017 Rds