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2021 Latest Caselaw 4142 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                       AND
            THE HON'BLE SRI JUSTICE N. TUKARAMJI


                   WRIT APPEAL No.805 of 2019

JUDGMENT:    (Per the Hon'ble the Chief Justice Satish Chandra Sharma)




      The present writ appeal is arising out of order dated

19.09.2019 passed in W.P.No.20319 of 2019 by the learned

Single Judge.

      The facts of the case reveal that respondent No.1 has

preferred a writ petition before this Court being aggrieved by

the order dated 11.09.2019 passed by respondent No.3 in the

writ appeal under Section 228(1) of the Municipalities Act,

1965. The contention of the writ petitioner was that she was

carrying out certain repairs in the first floor and the

impugned order has been passed treating the repairs as

unauthorized construction. The learned Single Judge has

disposed of the matter with a direction to the municipality to

pass orders duly taking into account the explanation

submitted by the writ petitioner. Against the aforesaid order,

the present writ appeal is filed.

The learned Single Judge has directed the municipality

to pass a fresh order taking into account the explanation

submitted by the writ petitioner. Therefore, this Court does

not find any reason to interfere with the order passed by the

learned Single Judge. The municipality shall certainly pass

an appropriate order by taking in to account the Telangana

Municipalities Act, 1965.

Accordingly, the writ appeal is dismissed.

Miscellaneous petitions, if any, shall stand closed.

There shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ

______________________________ N. TUKARAMJI, J

03.12.2021 ES