Sri. M Vijaya Kumar v. The State Of Telangana

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO.25186 OF 2015 DATED:16-12-2015 Between:

Mr. M. Vijaya Kumar ... Petitioner And The State of Telangana Department of Municipal Administration Rep. by its Principal Secretary Telangana Secretariat Hyderabad and others ... Respondents COUNSEL FOR THE PETITIONER: Mr. L.V. Ramana Rao COUNSEL FOR RESPONDENT NO.1: A.G.P. for Municipal Administration (TS) COUNSEL FOR RESPONDENT NO.2: Mr. Chatla Madhu, Standing Counsel for G.H.M.C.

COUNSEL FOR RESPONDENT NO.3: Mrs. G. Malathi

THE COURT MADE THE FOLLOWING:

ORDER:

This writ petition is filed with the grievance that respondent No.3 has raised constructions without leaving setbacks in deviation of the sanctioned plan.

A counter affidavit and an additional counter affidavit have been filed by the Deputy Commissioner of respondent No.2 - Corporation. In the additional counter affidavit it is inter alia stated that notice under Section 636 of the Greater Hyderabad Municipal Corporation Act, 1955 (for short, 'the Act') was issued on 05.12.2015 to respondent No.3 and she has filed reply dt.08.12.2015 informing that she has submitted her application on the same day on which the said notice was issued, for regularization of the deviations, vide G.O. Ms. No.152, Municipal Administration, dt.02.11.2015. In the light of the above subsequent event, respondent No.2 is directed to forthwith dispose of the application of respondent No.

3 filed for regularization of the construction within one week from the date receipt of this order and take further steps for demolition of the structure, subject to the outcome of the application filed by her for regularization. Subject to the above directions, the writ petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P. No.32701 of 2015 shall stand disposed of as infructuous.

_______________________ C.V. NAGARJUNA REDDY, J 16-12-2015 bnr