S Hemanand vs The State Of Andhra Pradesh
2023 Latest Caselaw 4410 AP

      THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

                WRIT PETITION No.24687 OF 2023

JUDGMENT:-

      Heard Sri Sagi Suryanarayana Raju, learned counsel for

the petitioner and learned Government Pleader for Municipal

Administration for the respondent No.1 and Sri K. Madhava

Reddy, learned Standing Counsel for G.V.M.C. for the

respondent Nos. 2 and 3.

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:-

"Therefore, it is prayed that this Hon'ble Court may be pleased to issue an appropriate writ or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the respondent authorities in not to proceed with the Construction work of the petitioner as per plan issued by the respondent authorities vide permit vide No.1086/3790/B/Z3/ITA/2022, as illegal, arbitrary and unconstitutional and also violation of Articles 14, 19 and 300-A of the constitution of India and against to the norms of public policy and principles of natural justice and consequently direct the respondent authorities not to interfere with the construction work of the petitioner in the schedule property and pass such other order or orders as

this Hon'ble Court may deem fit and proper in the circumstances of the case."

4. Learned counsel for the petitioner submits that the

petitioner was raising construction over a school property after

obtaining the building permission from the G.V.M.C. on

03.01.2023 for G+3 floor, but the respondent Nos.2 and 3

interfered with such raising of construction. The petitioner

was also served with a notice bearing B.A.No.

1086/3790/B/Z3/ITA/2022, dated 11.04.2023 directing the

petitioner to submit the written explanation within a period of

seven (07) days, failing which further action will be taken

against the petitioner as per the rules. He submits that the

petitioner has submitted the reply on 21.04.2023. He further

submits that no further action has been taken and no final

orders have been passed by the respondent Nos.2 and 3.

5. Sri K. Madhava Reddy, submits that pursuant to the

notice the petitioner has submitted the reply/explanation, the

final orders would be passed by the respondent authorities

within a period of four (04) weeks from the date copy of this

order is placed before the respondent No.2.

6. Without observing anything on the merits of the contents

of the show cause notice or/and the petitioner's reply, this

Writ Petition is being disposed of finally, with direction to the

respondent No.2, the Commissioner of G.V.M.C, to consider and

pass appropriate orders in accordance with law, with due

opportunity of hearing to the petitioner, within a period of four

(04) weeks from the date copy of this order is placed before him

along with fresh copy of petitioner's reply.

No order as to costs.

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

shall also stand closed.

__________________________ RAVI NATH TILHARI,J Date: 21.09.2023 SCS

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.24687 OF 2023

Date:21.09.2023 Scs.