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High Court for State of TelanganaWP/41493/2016disposed of no costs

Mudrakola Venugopal v. The State Of Telangana,

2016-12-07P Naveen Rao3 pages

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.41493 OF 2016 Dated:07.12.2016 Between:

Mudrakola Venugopal, S/o. Mohan, aged 38 years, Occ: Government Employee, R/o.H.No.3-3-180, Somawarpet, Nirmal, Nirmal District .. Petitioner And The State of Telangana, rep., by its Principal Secretary, Municipal Administration Department, Secretariat Buildings, Hyderabad and another .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.41493 OF 2016 ORDER:

Heard learned counsel for the petitioner and learned Standing Counsel for the respondent - Municipality. 2.

With the consent of learned counsel for the parties, the Writ Petition is disposed of at the stage of admission. 3.

The grievance of the petitioner is that though valid building permission was granted to him for construction of ground + first floor and the same is subsisting, the respondent - Municipality is interfering and obstructing the construction. 4.

Learned Standing Counsel for respondent - Municipality, on instructions, submits that according to the information available with the respondent - Municipality, the petitioner encroached into the road and therefore appropriate action need to be initiated against him.

5.

As long as the building permission is valid and subsisting and if no deviation is made by the petitioner, the respondent - Municipality cannot obstruct his construction. However, it is open to the respondent - Municipality to take action in accordance with law, if there is any deviation by the petitioner in construction of the subject building or irregularity committed. 6.

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 Date:07.12.2016 KH