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High Court for State of TelanganaCC/1616/2018closed no costs

Mandala Komala, v. Sri V.P.Gowtham,

2023-02-15C.V. Bhaskar Reddy3 pages

HON'BLE SRI JUSTICE C. V. BHASKAR REDDY CONTEMPT CASE No. 1616 of 2018 ORDER:

This contempt case is filed by the petitioners for alleging willful disobedience of the order dated 02.02.2018 in W.P.No.3149 of 2018, by a learned Single Judge.

2.

By order dated 02.02.2018, passed in W.P.No.3149 of 2018, a learned Single Judge of this Court directed respondent Nos.2 to 4 to visit the subject property of the petitioners and take appropriate/necessary steps and submit the progress in writing.

3.

It is the contention of the learned counsel for the petitioners that the respondents have not visited the subject premises and they have not initiated any action for removal of illegal and unauthorized construction being carried out by the unofficial respondent No.5 in the writ petition contrary to the sanctioned plan.

4.

Learned Standing Counsel for Warangal Municipal Corporation for respondents has filed counter affidavit and along with counter affidavit he has placed a report in letter dated 12.02.2018 and stated that in compliance to the order of this Court, the Town Planning Assistant visited the subject property and it is found that the 5th petitioner in the writ petition obtained permission for construction of RCC Residential Building of Ground, First and Second Floors and raised some construction of Ground, First and Second Floor along with pent house which is illegal. After noticing the same, the Corporation has already issued notices under Sections 452(1) & 461

(1) of GHMC Act, 1955 dated 03.11.2017 and also issued notice under Section 452 (2) of GHMC Act, 1955 dated 18.12.2017. It is further submitted that in pursuance of the notices issued by respondent-Corporation, the construction raised as pent house has been removed and there are no illegal constructions as alleged by the petitioner.

6.

Since the respondent-Corporation has already initiated action in accordance with Sections 452(1) & 461

(1) of GHMC Act, 1955 and removed the illegal constructions, no further orders are necessary to be passed in this Contempt Case.

7.

Accordingly, this Contempt Case is closed. No costs. As a sequel, the miscellaneous petitions, if any pending in the contempt case, shall also stand closed. __________________________ C.V. BHASKAR REDDY, J February 15, 2023 AQS/SUS