Pcthuraju Narasimha Rao S/O Late Sreenu v. The Palvancha Municipality

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.42167 of 2015 29.12.2015 Between:

Pothuraju Narasimha Rao .. Petitioner and The Palvancha Municipality, Palvancha and others .. Respondents Counsel for the petitioner: Mr.P.Nagendra Reddy Counsel for respondent Nos.2 and 3: Assistant Government Pleader for Home (TS) Counsel for respondent No.4: Assistant Government Pleader for Revenue (TS) Counsel for respondent No.5: Assistant Government Pleader for Municipal Administration and Urban Development (TS) Counsel for respondent No.1: -- Counsel for respondent No.6: -- The Court made the following:

ORDER:

Feeling aggrieved by the action of respondent No.1 in not considering the petitioner's objections for erection of a stone (boddu rayi) over municipal land and not taking a decision on the application of respondent No.6 for permission for such erection, the petitioner, one of the residents of Palvancha, has filed this writ petition. At the hearing, Mr.N.Praveen Kumar, learned standing counsel for Municipalities (TS) appearing for respondent No.1, has submitted that so far respondent No.1 has not taken any decision, whether to permit respondent No.6 to erect stone and that stone has not been erected so far. He has further submitted that while taking a decision, respondent No.1 will take into consideration the objections of the petitioner and others, if any, received by him.

In the light of the above submissions, the Writ Petition is disposed of with the direction to respondent No.1 to take an appropriate decision on the request of respondent No.6 for permission to erect stone, within a period of one month from the date of receipt of a copy of this order, after considering the objections, if any, received by the petitioner and others and communicate the same to the petitioner and respondent No.6. Needless to observe that till a decision as above is taken, respondent No.1 will not permit any one to erect stone over the land belonging to it.

As a sequel to disposal of the Writ Petition, W.P.M.P.No.54379 of 2015 filed by the petitioner for interim relief shall stand disposed of as infructuous.

______________________________ C.V.NAGARJUNA REDDY, J 29th December, 2015 GHN