Mohammed Javeed v. Gram Panchayat

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.15621 of 2009 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking the following relief/s:- "....to issue a writ, order or direction more in the nature of mandamus declaring the action of the 1st Respondent in issuing the Notice in Rc.No. 318/2008, dated 24-7-2009 directing demolition or removal of the alleged illegal construction of the Apartment in possession and enjoyment of the petitioner without a notice to the affected parties as illegal and void and direction to removal of the constructed portion within days is unreasonable and consequentially to direct the respondents to refrain from in any manner interfering with the possession and enjoyment of the Flat bearing No. B6, B-Block in C.R.G. Paradise Apartments, Vyra Road, Khanapuram Haveli, Khammam District in pursuant to the impugned notice or otherwise and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

(Reproduced Verbatim)

2. I have heard the submissions of the learned counsel appearing for the writ petitioner, and Smt. M.Bhagyasri, the learned standing counsel for the impleaded 4th respondent-Municipal Corporation, Khammam. I have perused the material record.

3. At the hearing, the learned counsel for the writ petitioner would submit that subsequent to the notice, which is impugned in this writ petition, the Government have issued two Government Orders viz., G.O.Ms.No.151, Municipal Administration & Urban Development (M1) Department, dated 02.11.2015 and G.O.Ms.No.152, Municipal Administration & Urban Development (M1) Department, dated 02.11.2015, and that the writ petitioner is entitled to the benefit of the terms of the said G.Os and seek regularisation of the construction in question in this writ petition and that the petitioner had already submitted an application to the Government for regularisation of the construction in question by paying the requisite fee and the said application is under consideration of the 4th respondent-Municipal Corporation, Khammam and that in view of the subsequent developments,

the writ petition may be disposed of directing the 4th respondent-Municipal Corporation, Khammam to consider and dispose of the said application of the petitioner in strict accordance with the procedure established by law.

4. The learned standing counsel for the 4th respondent would submit that if the direction now being sought by the writ petitioner is given, the same would be complied with and such a course would be in the interest of justice.

5.

Recording the said submissions, the writ petition is disposed of directing the 4th respondent-Municipal Corporation, Khammam to consider and dispose of the application submitted by the writ petitioner for regularisation in strict accordance with the procedure established by law. It is made clear that till the disposal of the application of the writ petitioner, status quo in regard to the subject construction shall be maintained. It is needless to mention that subject to the decision that may be taken on the application of the writ petitioner for regularisation, the 4th respondent Corporation is at liberty to further proceed in the matter, however, in strict accordance with the procedure established by law. There shall be no order as to costs.

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

_______________________ M. Seetharama Murti, J 21st January, 2016 Bvv