Lakkaraju Chiranjeevi vs The State Of Ap
2023 Latest Caselaw 4198 AP

       THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

                 WRIT PETITION No.4019 of 2023

JUDGMENT:-

1.     Heard Smt. M L Neelima, learned counsel for the petitioner,

learned Government Pleader for Municipal Administration and Urban

Development for respondent No.1, learned Assistant Government

Pleader for Revenue for respondent No.2, Sri G.Naresh Kumar,

learned counsel for respondent Nos.3 and 4, Sri Kasa Jagan Mohan

Reddy, learned counsel for the respondent No.5 and Sri Jyothi

Prasadh, learned counsel for respondent Nos.6 and 7.

2. This writ petition under Article 226 of the Constitution of India

has been filed for the following relief:-

"... to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring inaction of the respondents No.3 to 5 with respect to the building bearing D.No.22-6-59, Krishna Rao Naidu Street, Kothapet, Tenali Town, Guntur District, which was constructed without leaving setbacks and in violation of approved plan is illegal, arbitrary and against AP Municipalities Act and consequently direct the 3rd respondent Municipal Corporation to take necessary action with respect to the said Building and to pass such other order or orders...."

3. This writ petition was filed for issuing a Writ of Mandamus

directing the official respondent Nos.3 to 5 to take action with respect

to the construction of the building raised by the respondent Nos.6 and

7 in alleged violation of the approved plan for which the petitioner

submitted various representations, the first dated 23.04.2022 and the

last dated 19.07.2022.

4. In spite of time having been granted the respondent Nos.6 and

7, who were previously represented by different counsel, have not filed

the counter affidavit.

5. Respondent No.3/Tenali Municipality has filed the counter

affidavit dated 29.03.2023. Sri G.Naresh Kumar, learned counsel

appearing for respondent No.3 submits that the provisional

order/show cause notice No.58/1028/TNL/UC/2022 dated

04.06.2022 was issued to respondent No.6, directing him to stop

further construction forthwith and to show sufficient cause as to why

deviations or violations constructed should not be removed, altered,

or pulled down, failing which further action would be taken as per the

provisions of the A.P. Municipalities Act. The notice was served to

respondent No.6 on 10.06.2022. However, the respondent No.6 did

not submit reply. The respondent No.3 then passed the order of

confirmation vide Notice No.58/1028/TNL/UC/2022 dated

27.06.2022 instructing to bring down the unauthorized construction.

This was also severed on 30.06.2022 but the respondent No.6 did not

comply with the same.

6. Sri G.Naresh Kumar, learned counsel for respondent Nos.3 to

4, further submits that in para No.9 of the counter affidavit,

respondent No.3 has specifically submitted that respondents will

certainly take final action as per the law on the previous order served

to the respondent No.6 by duly following the procedure.

7. The inaction of the respondent Nos.3 to 5 in spite of the order

of confirmation dated 27.06.2022 cannot be sustained or justified.

8. However, in view of the stand taken by the respondent No.3 in

the counter affidavit, the respondent No.3 is directed to take final

action, as per the law, pursuant to the order of confirmation dated

27.06.2022, within a period of three (03) weeks from the date copy of

this order is produced before the respondent No.3. The other official

respondents shall ensure that such action is taken by the respondent

No.3. Let the copy of this order be sent to the respondent Nos.1 to 5.

9. With the above directions, the Writ Petition is disposed of

finally.

No order as to costs.

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

shall also stand closed.

__________________________ RAVI NATH TILHARI,J Date: 12.09.2023

Note:

Issue cc by 14.09.2023 B/o DNV

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.4019 of 2023

Date: 12.09.2023

Note:

Issue cc by 14.09.2023 B/o DNV