Mohammed Abdul Khader v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY W.P.NO.26294 OF 2019

O R D E R

The grievance of the petitioner is that when he is making construction of the compound wall to the subject property in pursuance of the building permission dated 20.04.2016, obtained by his predecessor in title, the officials of respondents 2 to 4, stopped the construction without following the due process of law. Hence, the present writ petition. Learned counsel for the petitioner submits that construction of building is completed and only compound wall is remaining and when the petitioner is undertaking construction of compound wall, respondents 2 to 4, without following the due process of law, stopped the construction and hence the same is illegal and arbitrary.

Sri N.Praveen Kumar, learned Standing Counsel for respondents 2 to 5 submits that assuming that permission was granted on 20.04.2016, the construction has to be completed within three years i.e., by 19.04.2019, but the petitioner is making construction beyond three years. He further submits that petitioner under the guise of constructing compound wall, is encroaching the public road, and hence the authorities have stopped his construction.

Heard the learned Assistant Government Pleader for Municipal Administration for respondent No.1.

Since the claim of the petitioner is that he has completed construction of entire building, and only the construction of compound wall is remaining, the respondents shall not interfere with the same, and it

goes without saying that if the construction is in deviation of sanctioned plan, or if the petitioner is encroaching the public road, it is open to the 2nd respondent to take appropriate action in accordance with law. The writ petition is accordingly disposed of. Interlocutory applications pending, if any, shall stand closed. No order as to costs.

---------------------------------------------- A.RAJASHEKER REDDY,J DATE:28-11-2019 AVS