Shaik Mohammed Vali v. The Municipal Corporation Of Nellore,

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO WP.No.28484 of 2016 ORDER :

Heard the counsel for petitioner, and the learned Standing Counsel, for 1st respondent.

2.

The petitioner has filed this Writ Petition questioning the inaction of 1st respondent in taking action against the illegal construction being made by 2nd respondent which the petitioner had brought to the notice of 1st respondent as long back as 06.01.2016. Thereafter, a notice under Section 452 of the Hyderabad Municipal Corporation Act, 1955 was issued on 11.01.2016 by the 1st respondent to 2nd respondent.

3.

Since no action was initiated thereafter, petitioner again gave a representation on 13.04.2016 to 1st respondent. Since nothing happened even thereafter, the petitioner was forced to file the present Writ Petition.

4.

The learned Counsel for 1st respondent states that reply to the show-cause notice has been given by 2nd respondent on 19.01.2016; and that in the said reply, the 2nd respondent has pleaded that he had applied for regularization of the construction made, but no response was given to the said reply by 1st respondent, till date.

MSR,J wp_28484_2016 ::2::

5.

The learned Standing Counsel for 1st respondent assures that 1st respondent will take action in accordance with law after the reply of 2nd respondent to the show-cause notice dt.11.01.2016 is considered. Since no action has been taken by 1st respondent on the petitioner's complaint, and since the petitioner alleges that the construction is nearing completion, and there is no permission obtained by 2nd respondent for making the said constructions, the 1st respondent is directed to pass orders in the matter within a period of one (01) week from the date of receipt of a copy of this order, and copy of the same shall also be furnished to petitioner.

6.

The 1st respondent shall also pay costs of Rs.2,000/- to petitioner.

7.

Accordingly, the Writ Petition is allowed as above. 8.

As a sequel, miscellaneous petitions pending if any in this Writ Petition, shall stand closed.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 14-09-2016 Ndr/*