P. Konaiah vs The State Of Andhra Pradesh,
2023 Latest Caselaw 116 AP

      THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

                WRIT PETITION No.369 of 2023

JUDGMENT:-

1.    Heard Sri Maheswara Rao Kuncheam, learned counsel for

the petitioner and learned Assistant Government Pleader for

Municipal Administration for the respondent No.1 and Sri

Suresh Kumar Reddy Kalava, learned Standing counsel for the

respondent No.2.

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

the unofficial respondent No.3 is dispensed with.

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

is being decided finally at this stage.

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

India has been filed for the following relief:-

"It is therefore prayed that this Hon'ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents 1 and 2 in not initiating effective steps against the illegal, irregular construction being raised by the un-official Respondent in the Premises No.8-119-120, Court road, Revenue ward No.8, Ananthapuramu is arbitrary, illegal and gross violation of the provisions of Hyderabad Municipal Corporation Act, 1955 and contrary to the specifications mentioned in Building permit order

No.1001/0356/B/ATP/CUTRO/2022, dt 18.09.2022 consequently direct the official Respondents to take effective steps in accordance with the law against the illegal unauthorized construction by the un-official Respondent in respect of Premises No.8-119-120 Court road Revenue ward No.8, Ananthapuramu and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

5. Learned counsel for the petitioner submits that the

respondent No.3, who is the petitioner's neighbor, after

obtaining building permission dated 18.09.2022 is raising

construction, but contrary to the building permit without

leaving the setbacks and in this respect the petitioner has

submitted legal notice to the respondent No.2 on 27.11.2022,

but no action is being taken by the said respondent and the

construction is still going on.

6. Sri Suresh Kumar Reddy Kalava, learned Standing

counsel for the respondent No.2 submits that the petitioner has

already raised his grievance before the respondent No.2, which

shall look into the matter and shall take appropriate steps in

accordance with law.

7. In view of the aforesaid, this writ petition is being

disposed of finally with the direction to the respondent No.2 to

consider the petitioner's representation in the form of the legal

notice dated 27.11.2022, in accordance with law, within a

period of four (04) weeks from the date of production of copy of

this order along with the fresh copy of such representation

before the said authority with due opportunity of hearing to the

respondent No.3.

No order as to costs.

As a sequel thereto, miscellaneous petitions, if any

pending, shall also stand closed.

__________________________ RAVI NATH TILHARI,J Date: 05.01.2023 Note:-

Issue C.C in one (01) week B/o:- SCS

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.369 of 2023

Date: 05.01.2023

Scs