Dandu Srinivas Kumar Varma, vs State Of Andhra Pradesh,
2023 Latest Caselaw 2126 AP

      THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

               WRIT PETITION No.9875 of 2023

JUDGMENT:-

1.    Heard Sri V.V. Satish, learned counsel for the petitioner

and learned Government Pleader for Municipal Administration

for the respondent No.1 and Sri G. Naresh Kumar, learned

counsel, representing Sri M. Manohar Reddy, learned Standing

Counsel for the respondent No.2.

2. For the order proposed to be passed issuance of notices to

the unofficial respondent Nos.3 and 4 are dispensed with.

3. With the consent of the parties counsels, the writ petition

is being disposed of finally at this stage.

4. This writ petition under Article 226 of the Constitution of

India has been filed for the following relief:-

"For the aforesaid reasons, the petitioner prays that this Hon'ble Court may be pleased to issue any writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of respondent No.2 in not initiating action against unauthorized construction of commercial shopping mall being constructed by respondents Nos.3 and 4 in contravention to the building plan obtained for residential house is illegal, arbitrary and violation of Articles 14 and 21 of the Constitution of India and to consequently direct the respondents to revoke the building permission No.1074/0276/B/BMC/JPRD/2021,

dated 01.022022 and to demolish the unauthorized constructions in the premises bearing D.No. 21-15-12A in Sy.No.99/5 and 6, Ward No. 34, Bheemavaram, West Godavari District and to pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

5. The grievance raised in the writ petition is that the

respondent Nos.3 and 4 obtained building permission on

01.02.2022 for residential G+1, but are raising construction of

commercial building in violation of the building plan and also

contrary to the rules, for which the petitioner has submitted the

representation dated 06.04.2023 to the District Collector, West

Godavari District and copy forwarded to the Municipal

Commissioner, Bhimavaram. Another representation has been

given to the 2nd respondent, Municipality on 11.04.2023, but

till date no action has been taken. The petitioner is the

immediate neighbour of the respondent Nos.3 and 4.

6. Sri G.Naresh Kumar, submits that the petitioner has

given the representation to the respondent No.2 recently on

11.04.2023 and has also approached this Court with the same

grievance, without giving sufficient time to the authority to

consider the matter.

7. However, he submits that since the petitioner has already

submitted the representation to the respondent No.2, the same

shall be duly considered by the said respondent.

8. In view of the aforesaid stand taken, keeping the petition

pending would serve no fruitful purpose. The same is being

disposed of finally with the consent of the learned counsels for

the parties with the following directions:-

The respondent No.2 shall consider the

petitioner's representation dated 11.04.2023,

another copy of which shall be furnished by the

petitioner along with the copy of this order to the

respondent No.2, in accordance with law, after

affording opportunity of hearing to the petitioner as

also the respondent Nos.3 and 4, within the period

of four (04) weeks from the date the copy of this

order is presented before the said authority.

9. The writ petition is being disposed of with the above

directions.

No order as to costs.

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

shall also stand closed.

__________________________ RAVI NATH TILHARI,J Date: 20.04.2023 SCS FFFFFFFFFHGHHHHHHHHHHGGGGGGGFFFKKKKKKKKKK KKKKJJJJJKFDASDFKKKKLKKLHGGGFFFFFFFDSSSSSGG GGGGGGHHHHHGHFSDAFSDAHLFJHSDFJASD

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.9875 of 2023

Date: 20.04.2023

Scs