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High Court for State of TelanganaWP/19534/2014disposed of no costs

Ch.Dattu, v. The Greater Hyderabad Municipal Corporation,

2019-11-18A.Rajasheker Reddy3 pages

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No. 19534 OF 2014 O R D E R :

This writ petition is filed challenging the action of respondents 1 and 2 in not initiating any action against respondents 3 and 4 by preventing them from making illegal construction which is constructed on the public street in Prabhakar Reddy Nagar, Kukatpally, Hyderabad. Heard learned for the petitioners, Sri Sampath Prabhakar Reddy, learned Standing Counsel for respondents 1 and 2 and Sri P.Indra Prakash, learned counsel for respondent No.3.

Respondents 1 and 2 filed counter affidavit stating that in pursuance to the interim order dt.21.07.2014 passed by this Court in IA.No.2/2014 in WP.No.19534/2014 which was made absolute vide order dt.02.09.2014 by this Court dismissing the vacate stay petition filed by the 3rd respondent, this respondent inspected the subject property and noticed the unauthorised construction made by the 3rd respondent; and that by following due process of law and procedure, removed the unauthorised and illegal constructions made by the 3rd respondent and the construction is stopped. In view of the aforesaid submission of respondents 1 and 2, the grievance of the petitioner stood redressed.

Though the learned counsel for respondents 3 and 4 submits that they are only renovating the building, learned Standing Counsel for respondents 1 and 2 submits that under Section 428 of the Greater

Hyderabad Municipal Corporation Act, 1955, even for alteration and renovation, permission is required.

Since the grievance of the petitioner stood redressed, recording the aforesaid submissions of learned Standing Counsel for respondents 1 and 2, the writ petition is disposed of. However, this Order will not preclude the 3rd respondent from making construction or modifications after obtaining permission from the Municipal Corporation. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending in the writ petition, shall stand closed.

___________________________ A.RAJASHEKER REDDY, J 18.11.2019 t k.

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No. 19534 of 2014 18.11.2019 tk