Vishwabharati Education Society, v. The State Of Telangana Rep. By Secretary Municipal

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.34158 OF 2016 Dated:08.12.2016 Between:

Vishwabharati Education Society, Rep., by its President/Authorized Signatory, Dr. Ch. V. Purushotham Reddy, Kishanpura, Hanamkonda, Warangal District .. Petitioner AND The State of Telangana, rep., by its Principal Secretary, Municipal Administration, Secretariat, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.34158 OF 2016 ORDER:

Heard. With the consent of learned counsel for the parties, the Writ Petition is disposed of at the stage of admission. 2.

The petitioner is an Educational Institution established under the name and style of 'Chaitanya Degree and P.G. College', located in Kishanpura Area, Lashkar Singaram Village, Hanamkonda Mandal, Warangal District. Adjacent to the petitioner's property, a water channel is located and in order to create access to the petitioner's property, a bridge was constructed over the same and is being used for a lifetime. The petitioner also constructed a compound wall around its property. Alleging that the respondent - Corporation is illegally undertaking demolition of the bridge constructed over the water channel, this Writ Petition is filed.

3.

This Court, while admitting the Writ Petition on 30.09.2016, granted interim direction, as prayed for. 4.

When the matter is taken up for consideration, learned Standing Counsel for the respondent - Corporation, on instructions, submits that during heavy rains in September, 2016, to avoid water logging, efforts were made to remove all encroachments and obstructions and in that process the wall abutting the water channel of the petitioner was also removed. He submits that thereafter no further action is taken after filing the

Writ Petition. He further submits that if the respondent - Corporation notices any illegal construction by the petitioner and any action is required to be taken, they shall follow the due procedure in accordance with law.

5.

In view of the said submission, the respondent - Corporation is at liberty to cause prior notice and afford due opportunity to the petitioner if they intend to take penal action against the petitioner. The petitioner shall not make any further construction, including restoration of the wall already removed without obtaining building permission from the respondent - Corporation.

6.

With the above observations, the Writ Petition is accordingly disposed of. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:08.12.2016 KH