Meda Venkata Prakasa Rao, v. State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.18488 OF 2016 ORDER:

Heard the learned counsel for the petitioner and the learned Government Pleader for Municipal Administration and Urban Development, Sri Nimmagadda Venkateshwarlu, learned Standing counsel for Municipalities-Respondent No.2. With consent of the counsel appearing for both sides, the present writ petition is disposed of at the admission stage.

Since this Court is not going into merits of the case, issuing notice to the unofficial respondent may not be necessary. 2 . The present writ petition came to be filed seeking issuance of writ of mandamus declaring the inaction on the part of the 2nd respondent on the representation dated 23.04.2016 made by the petitioners for prevention of illegal construction being undertaken by the 3rd respondent in her site in Sy.No.312/1A bearing Door No.7-472 and 7-473 in Nehru Bazaar of Markapur Town limits as illegal and amounts to non-discharge of legal obligation conferred on the 2nd respondent under the provisions of the Andhra Pradesh Municipalities Act, 1965 and the rules framed thereunder and consequently, to direct the 2nd respondent to prevent the 3rd respondent from making said illegal construction and remove the already constructed portion thereof in contravention of sanctioned plan.

3. Though various grounds are raised in the writ petition, learned counsel for the petitioners restricts his prayer seeking a direction to the 2nd respondent to consider the representation

dated 23.04.2016 made by the petitioner with regard to illegal constructions undertaken by the 3rd respondent.

4. Learned Standing Counsel for the 2nd respondent submits that if such representation is still pending consideration, the respondent authorities will pass suitable orders in accordance with law after hearing the parties.

5. Having regard to the circumstances stated above, the present Writ Petition is disposed of directing the 2nd respondent to consider the representation dated 23.04.2016 made by the petitioners complaining about illegal constructions made in Sy.No.312/1A bearing Door Nos.7-472 and 7-473 situated at Nehru Bazaar, Markapur Town limits, in accordance with law, as early as possible preferably within a period of four

(04) weeks from the date of receipt of a copy of this order. Needless to mention that the authorities shall give an opportunity of personal hearing of the petitioners and all the aggrieved persons.

Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs.

_______________________ JUSTICE C. PRAVEEN KUMAR Date:14.06.2016 INL