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High Court for State of TelanganaWP/8443/2016disposed of no costs

Sri. Savanapelli Narayana, v. The State Of Telangana,

2018-01-29P Naveen Rao4 pages

Date : 29.1.2018 Between :

Sri Savanapalli Narayana S/o late Sri Narsaiah R/o 20-66 Rudrangi village, Chandurthi mandal Karimnagar Petitioner And The State of Telangana Panchayat Raj Department Secretariat, Hyderabad Rep by its Principal Secretary and others Respondents The Court made the following:

ORAL ORDER:

This writ petition is filed alleging that 4th respondent is undertaking construction in violation of building permission granted to him and that municipality is not taking any action though notice was also issued alleging illegal construction. This Court by order dated 16.3.2016 granted interim direction as prayed for. 4th respondent filed W.V.M.P. No. 5329 of 2016 seeking to vacate said interim order. 2.

Heard learned counsel for petitioner, learned Government Pleader for respondents 1 and 2, Sri G Narender Reddy learned counsel for respondent no.3 and Sri V Ravi Kiran Rao, learned counsel for respondent no.4.

3.

Sri V.Ravi Kiran Rao, learned counsel for 4th respondent submits that 4th respondent was granted building permission comprising of ground floor plus two upper floors. The allegation is against construction of third floor. 4th respondent is now willing to demolish unauthorized construction made by him and on such demolition he may be permitted to undertake construction as per building plan granted to him. 4th respondent filed additional counter affidavit in W.P.M.P. No. 30029 of 2017. In paragraph 3, he stated that he would undertake demolition of unauthorized constructions made by him. 4.

In view of said undertaking, all the counsel agree for disposal of the writ petition by recording submission of learned counsel for 4th respondent and taking note of undertaking given by 4th respondent. 5.

Accordingly, writ petition is disposed of granting liberty to 4th respondent to immediately remove unauthorized construction made in third floor and report same to the Gram Panchayat. On such demolition of unauthorized construction and on due verification, the Gram

Panchayat shall permit 4th respondent to carry on with construction in accordance with building permission granted to him. 6.

Subject to above, writ petition is disposed of. No costs. Having regard to the same, miscellaneous petitions, if any pending, are closed.

__________________ P NAVEEN RAO,J DATE:29.1.2018 TVK

Date : 29.1.2018