Peluri Lakshmi vs The State Of Ap
2023 Latest Caselaw 487 AP

      THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

               WRIT PETITION No.1342 of 2023

JUDGMENT:-

1.    Heard Sri P.R.K.Amerandra Kumar, learned counsel for

the petitioner and learned Government Pleader for Municipal

Administration      for        the    respondent         No.1    and      Sri

S.Lakshminarayana Reddy, learned Standing counsel for the

respondent Nos.2 and 3, Greater Visakhapatnam Municipal

Corporation (in short, GVMC).

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

is being disposed of finally at this stage.

3. 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 order, direction more particularly one in the nature of Writ of Mandamus declare the action of respondents in not allowing the petitioner for construction of building as per the sactioned plan in TS.No.41/P, Koppaka village, Anakapalli Zone, GVMC Visakhapatnam as illegal, arbitarary and contrary to the HMC Act 1955 and AP Metropolitan region and Urban development Authorities Act 2016 and rules there in consequently direct the respondents permit the petitioner to construct the building as per the sanctioned plan permit no.1086/4744/B/Z7/KKA/2022, dated 14.09.2022 and

to pass such other order or orders which may deem fit and proper in the circumstances of the case."

4. Learned counsel for the petitioner submits that the

petitioner applied for building permission for construction of the

building at site in question through licensed technical personnel

(L.T.P) which permission was granted on 14.09.2022. However,

the 2nd and 3rd respondents are not allowing the petitioner for

construction of the building as per the sanctioned plan.

5. On 24.01.2023, on the request of Sri S.Lakshminaraya

Reddy, the matter was posted for today. He submits on the

basis of written instructions that in post verification

shortcomings came to the notice of the authorities and

consequently shortfall/endorsement vide letter

No.EDS/1086/2022/1700, dated 21.09.2022 was uploaded on

the ID Login of the licensed technical personnel and in view

thereof, the authorities are not permitting the petitioner to raise

the constructions. He further submits that the petitioner has

not submitted any reply to the shortfall notice nor the

shortcomings have been removed.

6. Sri S.Lakshminarayana Reddy submits that the petitioner

shall have either to remove the shortcomings or to submit the

reply through the ID of the licensed technical personnel.

7. Learned counsel for the petitioner submits that the

petitioner had no knowledge of the shortfall notice neither

through the respondent Nos.2 and 3 nor through the licensed

technical personnel, but now the petitioner has received the

copy of the shortfall notice in Court and the petitioner would

submit reply to the shortfall notice, as per the procedure.

8. In view of the aforesaid, keeping the writ petition pending

would not serve any fruitful purpose.

9. Recording the sand taken by the parties counsels as

aforesaid, the writ petition is being disposed of finally providing

that the petitioner shall either remove the shortcomings

mentioned in the shortfall notice or shall file reply to the

shortfall notice through the ID of the licensed technical

personnel, within a period of three (03) weeks from the date of

receipt of copy of this order, upon which the respondent No.3

shall considering the same pass appropriate and reasoned

orders, in accordance with law within a further period of three

(03) weeks, after affording opportunity of hearing to the

petitioner. The order so passed shall be duly communicated to

the petitioner, in addition to the, on the ID of the licensed

technical personnel.

No order as to costs.

As a sequel thereto, miscellaneous petitions, if any

pending, shall also stand closed.

__________________________ RAVI NATH TILHARI,J Date: 30.01.2023

Note:-

Issue C.C by 02.02.2023 B/o:- SCS

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.1342 of 2023

Date: 30.01.2023

Scs