High Court for State of TelanganaWP/33959/2015disposed of no costs

S. Jakir Basha, v. The State Of A.P.,

2015-10-13P Naveen Rao3 pages

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.33959 of 2015 Between:

S.Jakir Basha .. Petitioner and The State of Andhra Pradesh, rep.by its Principal Secretary, Municipal Administration & Urban Department Department, A.P.Secretariat, Hyderabad and another.

.. Respondents This Court made the following:- THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.33959 of 2015 ORDER:

The petitioner claims to be the owner of small house plot to an extent of 97.18 sq.yards in D.No.21/452-X-6a, Farooq Nagar, Nandyal Town, Kurnool District.

2. The petitioner claims to have applied for building permission consisting of ground and first floor and the same was granted on 27.05.2005. However, no construction was commenced immediately due to personal difficulties and subsequently, petitioner undertook construction within the permissible limits as per the building permission. While so, impugned notice was issued alleging that the petitioner made illegal construction and he should remove the same.

3. Learned counsel for the petitioner contends that the petitioner

has not deviated from the building permission granted and that no prior notice was issued to the petitioner and straightaway, notice of removal of illegal construction was issued.

4. The contention of learned counsel for the petitioner that no notice was issued is not denied by the respondent Municipality. However, learned counsel for the petitioner fairly submits that the petitioner may file detailed explanation and the same shall be considered and appropriate orders shall be passed.

5. Recording the said submission, the Writ Petition is disposed of granting liberty to the petitioner to file an explanation within a period of ten (10) days from today and when such explanation is filed within the time granted, the respondent Municipality shall consider and pass reasoned orders within a period of two (2) weeks. Till the final orders are passed as directed above, no coercive steps shall be taken by the respondent Municipality. There shall be no order as to costs.

6. Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

__________________________ JUSTICE P.NAVEEN RAO Date: 13.10.2015 AMD THE HON'BLE SRI JUSTICE P.NAVEEN RAO

WRIT PETITION No.33959 of 2015 DATE: 13.10.2015 AMD