C Mallikarjuna vs The State Of Andhra Pradesh
2022 Latest Caselaw 8865 AP

      THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

              WRIT PETITION No.37446 of 2022

JUDGMENT:-

1.    Heard Sri M. Gowtham, learned counsel for the petitioner

and learned Government Pleader for Municipal Administration

for the respondent No.1, Sri K. Suresh Kumar Reddy, learned

standing counsel for the 2nd respondent, Sri K. Srinivasulu

Reddy, learned standing counsel for the 3rd respondent. Sri N.

Harinath, learned Assistant Government Pleader has accepted

notice for respondent Nos.4 to 6.

2. The learned counsel for the petitioner submits that the 7th

respondent/unofficial respondent is constructing the building

under the plan granted to him, contrary to Rule 54(7) of A.P.

Building rules, 2017 which provides that the distance between

the Railway Property Boundary and the edge of the building

shall be 30m as per Indian Railways Works Manual or as per No

Objection Certificate (NOC) given by the Railway Authorities.

3. Sri K. Srinivasulu Reddy, learned standing counsel

submits that the petitioner has approached this Court directly

for writ of Mandamus without first approaching the authority

concerned raising the grievance or pointing out the same for

redressal.

4. At this stage, learned counsel for the petitioner submits

that the petitioner may be granted liberty to approach the 3rd

respondent raising the grievance by filing appropriate

application/representation.

5. In view of the aforesaid, this writ petition is disposed of

granting the liberty to the petitioner to approach the competent

authority, if so advised. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any pending,

shall also stand closed.

__________________________ RAVI NATH TILHARI,J Date:18.11.2022 Gk

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.37446 of 2022

Date: 18.11.2022

Gk