K. Venu v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.27785 of 2017 ORDER:

Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development (Telangana) for the first respondent and learned Standing Counsel for the second respondent.

2.

The grievance of the petitioner in the present writ petition is the alleged inaction on the part of the second respondent in taking action on the illegal and unauthorised constructions said to have been made by the third respondent over plot No.13 in Sy.No.150/A, situated at Shayampet (J) Village, Hanumakonda, pursuant to its notice dated 14.09.2015.

3.

It is stated in the affidavit filed in support of the writ petition that basing on the complaint made by the petitioner herein, the second respondent issued a notice bearing No.UC/09/TPS/W.No.28/ CIR.6/WMC/2015, dated 03.07.2015, under Sections 452 (1) and 461 (1) of the Hyderabad Municipalities Act, 1955, calling upon the third respondent to show cause as to why the deviated portion/unauthorised construction should not be removed, altered or pulled down. Thereafter, the second respondent issued another notice bearing No.09/UC/W.No.28/ CIR.6/WMC/2015, dated 14.09.2015, under Section 452 (2) of the said Act to the third respondent, but failed to take any action till today. In the above background, the present writ petition is filed, alleging inaction on the part of the second respondent in taking further action pursuant to the above mentioned notices.

4.

When the matter is taken up, on instructions, it is submitted by the learned Standing Counsel for the second respondent that appropriate action in accordance with law will be taken by the second respondent in the matter.

5.

Having heard the learned counsel for the petitioner and the learned Standing Counsel, this Court deems it appropriate to dispose of the writ petition, without expressing any opinion on the merits, directing the second respondent to proceed further in accordance with law pursuant to the notices dated 03.07.2015 and 14.09.2015. 6.

With the above observation, the writ petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand dismissed. There shall be no order as to costs. ____________________ A.V. SESHA SAI, J Date: 01.09.2017 TJMR