High Court for State of TelanganaWP/38653/2016dismissed no costs

Smt. Syed Shamshad Begum, v. The State Of Andhra Pradesh,

2016-11-22P Naveen Rao3 pages

HONOURABLE SRI JUSTICE P.NAVEEN RAO Date: 22.11.2016 Between:

Smt. Syed Shamshad Begum, W/o Syed Ameer Basha, Aged 65 years, Occu: Household, R/o 11-238, Gadda Street, Bedvel Road, Mydukur, Cuddapah YSR District, Andhra Pradesh.

.....Petitioner and The State of Andhra Pradesh, rep.by its Principal Secretary, Director of Municipal Administration Department, Sri Krishna Enclave, Annapurna Nagar, 5th Lane, 5/7 Inner Ring Road, Gorantla, Guntur, Andhra Pradesh and others.

.....Respondents The Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:

Petitioner alleges that wife of the third respondent is undertaking construction of a building without obtaining building permission. Such action is illegal and even though complaints are filed Municipal authorities are not taking any action. 2.

Averments made in the affidavit filed in support of the writ petition would show that there were some rival claims to the subject property and the litigation is pending on the same subject property. In view of the prayers sought and instructions obtained by the learned standing counsel, I am not inclined to go into the issue of rival claims of ownership of the subject property. 3.

Learned standing counsel submits that the wife of 3rd respondent had obtained building permission on 17.08.2016 vide building permission No.1164/0015/B/HYD/BR/2016, dated 17.08.2016. Photocopy of the same is also furnished to the Court. 4.

Since building permission was already granted, the allegation leveled against the 3rd respondent that illegal construction is being taken up is not valid. Wirt petition is liable to be dismissed and is accordingly dismissed. However, it is made clear that this order do not come in the way of the petitioner prosecuting her other remedies. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs.

___________________________ JUSTICE P.NAVEEN RAO Date: 22.11.2016 kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO Date: 22.11.2016 kkm