Somisetti Srinivas Rao v. The Vijayawada Muncipal Corporation

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 41378 of 2018 ORDER:

1) The present writ petition came to be filed seeking issuance of writ of mandamus declaring the action of the respondent in trying to demolish the house bearing No.29-25-44, Vemurivari Veedhi, Suryaraopet, Vijayawada on the ground of deviations without considering the explanation dated 11.10.2018 filed in pursuance of the Notice under Section 452 (1) of Hyderabad Municipal Corporation Act, dated 08.09.2018, as illegal and arbitrary.

2) Though various grounds are raised in the writ petition, learned counsel for the petitioners would submit that though the petitioners submitted an explanation on 11.10.2018 to the showcause notice dated 08.09.2018, the authorities are trying to take action without passing orders on the explanation. 3) Learned Standing Counsel appearing for the respondentCorporation would submit that any action taken by the authorities, the same will be in accordance with. He would further submit that though there are deviations, the petitioner herein is proceeding with further construction without leaving any set backs.

4) Having regard to the above, the respondent shall not take any steps of demolition till the orders are passed on the

explanation given by the petitioners to the show-cause notice dated 08.09.2018, which in any event shall be within a period of two (02) weeks from today. Till such time, the petitioners shall desist from making any constructions.

5) With the above direction, the Writ Petition is disposed of. Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

_________________________ JUSTICE C. PRAVEEN KUMAR 15.11.2018 gkv