The Andhra Bank Employees Coop.Housing Society Ltd. v. Greater Visakhapatnam Municipal Corporation,

IN THE HIGH COURT OF JUDICATURE, AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH **** HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NO. 41425 OF 2016 Between:

The Andhra Bank Employees' Coop Housing Society Limited ....Petitioner A n d Greater Visakhapatnam Municipal Corporation represented by its Commissioner, Visakhapatnam and five others ....Respondents DATE OF ORDER: 13.12.2016

HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NO. 41425 OF 2016 ORDER:

Petitioner alleged that even though orders were passed on 30.09.2016 under Section 459 read with Section 635 of the Greater Hyderabad Municipal Corporation Act, 1955 (for short "the GHMC Act"), no further action is taken.

When the matter is called, learned Standing Counsel produced order dated 13.12.2016 disposing of the issue pending before competent authority in accordance with the directions issued by this Court in W.P.No. 5374 of 2016. In view of the same, the cause in the Writ Petition does not survive for consideration in so far as taking action in pursuance of the notice dated 30.09.2016 is concerned.

The second grievance of the petitioner is that illegal and unauthorized construction is made on the subject premises without obtaining building permission from the respondent Corporation but so far no action is taken.

Learned Standing Counsel submits that the fact whether the illegal construction was made has to be verified and if any illegal construction is made without obtaining proper permission from the Municipal Corporation, appropriate action under law would be initiated against such illegal constructions. If petitioner is aggrieved by the orders passed by the Commissioner, GVMC dated 13.12.2016 it is open to the petitioner to work out remedies available under law, if so advised. Liberty is

also granted to petitioner to submit representation/complaint to the respondent Corporation informing the nature of the illegal construction made and the description of the property and as and when such complaint/representation is received, respondent Municipal Corporation shall verify and take appropriate action in accordance with law. The Writ Petition is disposed of. There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, pending if any, shall stand closed.

______________________ P. NAVEEN RAO, J Date: 13.12.2016 KA