High Court for State of TelanganaWP/31478/2018disposed of no costs

Kapa Prameela Rani v. The State Of Andhra Pradesh

2018-09-04A V Sesha Sai2 pages

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.31478 of 2018 ORDER:

Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing for the first respondent, Sri G.Seshadri, learned Standing Counsel appearing for the second respondent and Sri D.Ramesh, learned counsel appearing for the third respondent, apart from perusing the entire material on record.

When the matter is taken up, it is submitted by the learned Standing Counsel that the Nandigama Nagara Panchayat, Nandigama-second respondent herein issued a notice, dated 14.07.2018, under the provisions of Section 115

(1) of the Andhra Pradesh Capital Region Development Authority Act, 2014 r/w Sections 217 and 228 of the A.P.Municipalities Act, 1965, and the G.O.Ms.No.62, M.A.U.D.Department, dated 27.03.2015, calling upon the petitioner to show cause as to why the alleged deviations, indicated therein, should not be ordered to be demolished. According to the petitioner she submitted an explanation, dated 19.07.2018, and the same is pending. It is submitted by the learned counsel for the petitioner that, without considering the said explanation, the respondent authorities are highhandedly trying to remove the constructions made by the petitioner herein.

For the foregoing reasons, Writ Petition is disposed of, directing respondent Nos.2 and to verify the said representation/explanation, dated 19.07.2018, said to have been submitted by the petitioner herein, and take further action/pass appropriate orders, strictly in accordance with law. Till the said exercise attains finality, status quo, with regard to the constriction, covered by the notice, dated 14.07.2018, shall be maintained. It is made clear that this order will enure to the benefit of the petitioner only if the petitioner had already submitted her representation/explanation to the impugned show cause notice, dated 14.07.2018. There shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.

___________________ A.V. SESHA SAI, J 04th September, 2018 Tsy