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High Court for State of TelanganaWA/1150/2015disposed of no costs

K.Prakash Rao, S/O K.Venkat Swami, v. J.R.Srinivas S/O Sri J.R.Krishna,

2016-01-19Dilip B. Bhosale,S.V.Bhatt1 pages

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE S.V. BHATT W.A.No.1150 OF 2015 PC: (Per the Hon'ble the Acting Chief Justice Dilip B. Bhosale) Heard Mr.A.Sudershan Reddy, learned senior counsel for the appellant, has challenged the order dated 30.11.2015 passed in W.P.No.30340 of 2015. The impugned order reads thus:

"Mr.Jasthi Suresh Babu, learned counsel for respondent No.4, has submitted that his client has filed an application under Building Penalization Scheme (BPS) on 21.11.2015. Respondent Nos.1 and 2 shall verify the same and if such an application is filed, they shall consider and dispose of the same within one week from today and in the event the application is rejected, they shall take immediate action for removal of the unauthorised building and file a report in this regard by the next date of hearing. Post on 08.12.2015."

Appellant is the 4th respondent in writ petition. Writ petition is still pending. Mr.A.Sudershan Reddy, learned senior counsel, submits that their application seeking regularization has been rejected, and an appeal against the said order, as provided for under the provisions of the Building Penalization Scheme, is pending before the Commissioner, Greater Hyderabad Municipal Corporation. That being so, it is open to the appellant to make an application for appropriate relief before the learned Single Judge where the writ petition is still pending. We do not find anything wrong with the order warranting interference in the instant appeal. Hence, the appeal is disposed of.

Consequently, miscellaneous petitions, if any pending, also stand disposed of. _____________________ DILIP B. BHOSALE, ACJ ___________________ S.V.BHATT, J Date: 19.01.2016 Lrkm/Stp