Thota Nageshwar Rao v. The State Of Andhra Pradesh, Rep By Its Principal

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.14335 of 2017 ORDER:

This Writ Petition is filed challenging the action of the respondents in trying to demolish the petitioner's house, without passing any orders and without considering the explanation submitted by the petitioner for notice, dated 03.04.2017, issued under Section 452 of the Greater Hyderabad Municipal Corporation Act, 1955 (for short, 'the Act'),.

2.

In the notice, dated 03.04.2017, it is alleged that the petitioner deviated on all four sides and occupied the height of the construction and he was asked to submit his explanation within seven (7) days while stopping further constructions.

3.

The petitioner admittedly obtained permission for construction and in view of the same he submitted a reply on 07.04.2017 with regard to the notice issued under Section 452 of the Act. The Writ Petition was filed apprehending demolition, without considering the said explanation.

4.

Since the petitioner has already submitted explanation, this Writ Petition is disposed of directing the 2nd respondent to consider the explanation of the petitioner, dated 07.04.2017, and pass appropriate orders in accordance with law, within a period of two (2) months from the date of receipt of a copy of this order. Till such time, no coercive steps shall be taken against the constructions already made by the petitioner.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. ________________________________ A.RAMALINGESWARA RAO, J APRIL 30, 2018 YVL

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.14335 of 2017 Date:30.04.2018 YVL