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High Court for State of TelanganaWP/34901/2015disposed of no costs

Sama Srisailam Reddy, v. The State Of Telangana,

2015-12-15C.V.Nagarjuna Reddy4 pages

The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition Nos.34901 & 35822 of 2015 Date: 15.12.2015 WP.No.34901/15 Between:

Sama Srisailam Reddy .. Petitioner and The State of Telangana rep. by its Prl.Secretary Municipal Administration & Urban Development Dept., Hyderabad and 3 others .. Respondents Counsel for the petitioner: M/s.Bharadwaj Associates Counsel for respondent No.1: AGP for Municipal Administration (TS) Counsel for respondent No.2: Mr.Y.Rama Rao Counsel for respondent No.3: Mr.N.Praveen Kumar Counsel for respondent No.4: Mr.Shashidhar Guruvula WP.No.35822/15 Between:

Guruvula Madhusudan .. Petitioner and The State of Telangana rep. by its Prl.Secretary Municipal Administration Dept., Hyderabad and 5 others .. Respondents Counsel for the petitioner: Mr.Guruvula Shashidhar

Counsel for respondent Nos.1, 3 & 5: AGP for Municipal Administration (TS) Counsel for respondent No.2: AGP for Revenue Counsel for respondent No.4: Mr.Y.Rama Rao, SC for HMDA The Court made the following:

Common Order :

Writ Petition No.34901 of 2015 is filed for a Certiorari to quash Notice, dated 14-09-2015, of respondent No.3.

W.P.No.35822 of 2015 is filed assailing the inaction of respondent Nos.1 to 5 in proceeding against the illegal and unauthorized construction of cellar made by the petitioner in W.P.No.34901 of 2015.

This Court has heard both these Writ Petitions on many occasions and during the course of hearing, it has come to light that the petitioner in WP.No.34901 of 2015 has made a deep excavation for constructing a cellar, without obtaining permission, so as to affect his neighbour i.e., respondent No.4 therein, who has

filed WP.No.35822 of 2015.

These two Writ Petitions were adjourned on many occasions to enable the Commissioner of Pedda Amberpet Nagar Panchayat, to take appropriate steps for removal of the cellar. At different stages, the Commissioner has filed his affidavits along with photographs. The last of such affidavits is dated 13-12-2015, wherein it is stated that in pursuance of the directions of this Court, the cellar portion has been completely removed and the same was filled with earth to road level.

He has also filed a blown up photograph in support of his plea.

Mr.Shashidhar Guruvula, learned Counsel for the petitioner in WP.No.35822 of 2015 has agreed that the structures under the cellar have been removed and that it has been completely closed. In the light of the above subsequent events, both the Writ Petitions are disposed of as infructuous.

As a sequel to disposal of the Writ Petitions, Miscellaneous Petitions, pending if any, stand disposed of as infructuous.

______________________ (C.V.Nagarjuna Reddy, J) Dt: 15th December, 2015 lur