S. Venkateshwarulu, S/O. S. Narasimha, v. State Of Telangana,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH ******** WRIT PETITION NO.8364 of 2015 Between :

S.Venkateshwarlu .. Petitioner and The State of Telangana , Municipal Administration and Urban Development Department, Hyderabad and others.

.. Respondents DATE OF JUDGMENT PRONOUNCED : 11-08-2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE P.NAVEEN RAO

1. Whether Reporters of Local Newspapers : Yes / No may be allowed to see the Judgments ?

2. Whether the copies of judgment may be : Yes / No marked to Law Reporters/Journals

3. Whether Their Lordship wish to : Yes / No see the fair copy of the Judgment ?

HON'BLE SRI JUSTICE P.NAVEEN RAO

WRIT PETITON No.8364 of 2015 ORDER:

1. The petitioner claims to be the owner of House bearing Door No.7-21, Malkajgiri, Hyderabad. The petitioner alleges that on the southern side of his house, there is a road and northern side of the said road, the 3rd respondent owns a house. According to him, the 3rd respondent was making illegal constructions without obtaining due permission and by encroaching into the road. Alleging that no action is taken on the complaint filed on 05-03-2015, this writ petition is filed.

2.

The 2nd respondent-Corporation filed counter affidavit in connected W.P.No.14326 of 2015, which is filed between the same parties and over the same subject i.e.H.No.7-21 of Malkajgiri. According to the respondentCorporation, they have conducted inspection of the subject premises and during inspection, it was found that the 3rd respondent in the writ petition was making constructions without obtaining permission and raised RCC Columns upto roof level for ground floor. Having noticed the unauthorized constructions made by the 3rd respondent, a notice under Section 461 of Greater Hyderabad Municipal Corporation Act, 1955 (for short " the Act) and further notice under Section 452 of the Act was issued on 28-04-2015 and the respondent-Corporation removed the centering erected for roof slab of Ground Floor twice.

On 02-05-2015, the 3rd respondent submitted a representation informing the Corporation that he was under occupation of 'Gramakantam' and he is entitled to undertake construction with the property owned by him. According to the 2nd respondent-Corporation, on 15-06-2015, the 3rd respondent filed a letter assuring the respondentCorporation to remove the constructions already made by him. It is stated that on account of this Writ Petition and W.P.No.14326 of 2015 which is filed by 3rd respondent herein, no further action is taken by them.

3. The grievance of the petitioner in the writ petition was that no action was taken on the complaint filed on 05-03-2015. The averments in the counter affidavit discloses that appropriate action is taken against the 3rd respondent. Thus, the cause in the writ petition

does not survive.

4. Accordingly, the Writ Petition is disposed of, as no further orders are necessary. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. ___________________ P.NAVEEN RAO, J 11-08-2015 nvl