V. Venkat Reddy v. The Commissioner,

HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO W.P.No.22087 of 2011

ORDER

Challenging the action of the respondents 1 to 4 in not initiating action against the 5th respondent for making illegal construction in premises bearing No.2-9-128, Near Sri Rama Temple Lane, Uppal, pursuant to the representation made by the petitioner on 16.4.2011, the present writ petition is filed.

Counter-affidavit has been filed on behalf of the 3rd respondent stating that on receipt of the said representation, the officials of the Corporation inspected the site and issued a notice to the 5th respondent under Sections 452 & 461 of the Hyderabad Municipal Corporation Act (for short 'the Act'). The 5th respondent submitted a reply on 21.7.2011 stating that he demolished the old house, which was partially collapsed due to heavy rains, but the officials of the Corporation have stopped the construction work, and hence he could not proceed with the construction. The Corporation issued notice under section 636 of the Act on 6.9.2011 and making preparations to take further action against the illegal construction.

In view of the above averments in the counter-affidavit of the 3rd respondent, liberty is given to respondent Nos.1 to 4 to take further action in accordance with law.

Accordingly, the Writ Petition is disposed of. No costs. Miscellaneous petitions, if any, pending shall stand closed. ________________________________ JUSTICE A.RAMALINGESWARA RAO 1st December, 2016 rkk