Punyamurthy Ram Prasad vs The State Of Andhra Pradesh
2023 Latest Caselaw 3120 AP

          THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

                 WRIT PETITION No.13256 OF 2023


JUDGMENT:

1. Heard Sri Paturi Srinivas, learned counsel for the petitioner,

learned Government Pleader for Municipal Administration and

Urban Development Authority for the 1st respondent and Sri Kalava

Suresh Kumar Reddy, learned standing counsel for the 2nd

respondent.

2. The grievance raised in the present writ petition is that the

unofficial respondents 3 to 6 are raising unauthorised construction

without obtaining building permission in the land belonging to the

petitioners with respect to which O.S.No.455 of 2023 on the file of

Principal Junior Civil Judge, Kurnool has been filed by the

petitioners.

3. So far as the dispute whether the site belongs to the

petitioners or to the respondents 3 to 6 is concerned it is a

disputed question of fact and cannot be gone into in the exercise of

writ jurisdiction at this stage when the suit O.S.No.455 of 2023 is

also filed pending.

4. The petitioner's grievance that the construction is being

raised without obtaining any building permission, can be

considered by the 2nd respondent for which the petitioners have

submitted the representation to the 2nd respondent.

5. Considering, the aforesaid, the writ petition is being disposed

of finally providing that the 2nd respondent shall consider the

petitioners' representation 06.05.2023 and determine if the

construction is being raised without any building permission and if

it is so and the building permission is required for such

construction it shall proceed to pass appropriate orders in

accordance with law with due opportunity of hearing to the

respondents 3 to 6.

6. The 2nd respondent shall also ensure that the orders passed

in O.S.No.455 of 2023, if any, do not get violated in passing order

on the petitioner's representation. No order as to costs.

Consequently, the miscellaneous petitions, if any, pending in

the petition shall stand closed.

_________________________ RAVI NATH TILHARI, J Date:12.05.2023 Gk

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.13256 OF 2023

Date:12.05.2023 Gk