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High Court for State of TelanganaWP/33083/2011dismissed no costs

Karri Veerraju v. The Greater Visakhapatnam Municipal Corporation,

2015-06-25A.Rajasheker Reddy4 pages

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY W.P. No. 33083 OF 2011 ORDER :

This writ petition is filed seeking writ of mandamus declaring the action of the respondents 1 and 2 in entertaining the building approval application filed by the 5th respondent proposing to make constructions in the petitioner's land covered by S.No.24/14 and 24/12 of Venkojipalem in spite of his objections dated 09.11.2011 and without enquiring into the title to the property as illegal and arbitrary and consequently to direct the respondents 1 and 2 to reject the building application BA No.12216/10/ACP2 or to cancel any approval if already given.

2.

Along with the writ petition, the petitioner also filed miscellaneous petition seeking interim direction against the respondents not to proceed with the constructions in the land of 1300.8 sq.yards covered by S.No.24/14 and 236 sq.yards covered by S.No.24/12 of Venkojipalem, Visakhapatnam.

3.

Though the writ petition is filed in the year 2011, no interim orders are granted.

4.

Heard Sri K.Sarvabhouma Rao, learned counsel for the petitioner, Sri S.Laxminarayana Reddy, learned Standing Counsel for the respondents 1 and 2 and Sri Kowturi Vinaya Kumar, learned counsel for the 3rd respondent.

5. Sri S.Laxminarayana Reddy, learned Standing Counsel for the respondent Corporation, on instructions, submits that already building permission is granted in favour of the 5th respondent and he has completed the construction. In view of the submission of the learned Standing Counsel for the respondent Corporation, the cause in the writ petition does not survive for adjudication.

Accordingly, the writ petition is dismissed. However, if any of

the rights of the petitioner are affected, it is always open for him to agitate the same in an appropriate forum, in accordance with law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any pending in this writ petition, shall stand dismissed.

_________________________ A.RAJASHEKER REDDY, J 25.06.2015.

KVS HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY

W.P.No.33083 OF 2011 Date: 25-06-2015 KVS