Kotha Konda Bhagavantha Rao, Karimnagar. v. The State Of Ts.,P.Raj,Hyderabad, And 4 Otrs.

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION Nos.10830 OF 2017 and 44785 OF 2018 COMMON ORDER:

The 5th respondent in W.P.No. 10830 of 2017 is the petitioner in W.P.No. 44785 of 2018. Therefore, both these writ petitions are being disposed of by this common order.

2.

W.P.No. 10830 of 2017:

(i) The present writ petition came to be filed seeking a mandamus declaring the action of the respondents in not considering the objection petition dated 20.03.2017 made by the petitioner in pursuance to the notice dated 04.02.2017, as illegal, improper and incorrect.

(ii) In the counter filed by the Panchayat Secretary, Gram Panchayat, Manthani, it was stated that the objections raised by the petitioner were considered and an order dated 22.02.2017, granting permission to the 5th respondent for construction of compound wall in the subject premises, came to be issued.

(iii) In view of the above, the learned counsel for the petitioner seeks permission to withdraw the writ petition, with liberty to challenge the proceedings dated 22.02.2017.

(iv) Permission as sought for, is granted.

(v) W.P.No. 10830 of 2017 is dismissed as withdrawn. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed.

3.

W.P.No. 44785 of 2018:

(i) Insofar as W.P.No. 44785 of 2018 is concerned, the grievance of the petitioner appears to be that his application seeking permission for construction of compound wall came to be rejected on the ground of pendency of W.P.No. 10830 of 2017.

(ii) Since W.P.No. 10830 of 2017 is withdrawn, the Commissioner, Municipality, Manthani, Peddapalli district shall deal with the application filed by the petitioner on 08.10.2018 in accordance with law, after hearing all concerned. It is needless to mention that the petitioner in W.P.No. 10830 of 2017 may also be given notice while considering the building permission of the petitioner. (iii) With the above direction, W.P.No. 44785 of 2018 is disposed of. There shall be no order as to costs. Miscellaneous petitions, pending if any, shall stand closed in the light of this final order. No order as to costs.

_________________ C. PRAVEEN KUMAR,J 24.12.2018 DMG

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.38570 OF 2018 Date: 30.10.2018 Gk