Kundarapu Chayadevi, Warangal ... vs Commr, Municipal Council, ...
2022 Latest Caselaw 1454 Tel

 THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                           AND
      THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

                     WRIT APPEAL No.1892 OF 2013

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

        The present writ appeal is arising out of the order dated

02.11.2009

          passed        by     the      learned       Single   Judge   in

W.P.No.20208 of 2009.

The undisputed facts of the case reveal that M/s. Sri

Venkateshwara Service Station/writ petitioner came up before

the learned Single Judge by filing a writ petition being aggrieved

by the action of the Municipal Council, Ramagundam, in

directing removal of the structure which was in the premises of

the Indian Oil Corporation retail outlet. The writ petitioner had

brought to the notice of the learned Single Judge that

permission was obtained on 06.06.1997 from the Municipal

Council for construction of a shed duly remitting necessary

charges and shed was constructed as per the directives issued

by the Indian Oil Corporation by replacing the zinc sheets for

RCC roof. However, all of a sudden, a notice was issued on

14.09.2009 for removing the structure. The learned Single

Judge has allowed the writ petition holding that the structure

has been constructed in respect of retail outlet after obtaining

valid permission and has set aside the impugned order of the

Municipal Council.

Now the writ appeal has been filed in the matter by a

person, who is claiming herself to be the owner of the subject

land, and this Court by an interim order permitted the appellant

to file objections in the matter in respect of legality or illegality

of the construction that has been made.

In the considered opinion of this Court, once the

appellant has been permitted to file her objections in respect of

the construction, which relates to a retail outlet of Indian Oil

Corporation, no further orders are required to be passed in the

matter. The Municipal Council shall be free to proceed ahead in

accordance with law.

With the aforesaid, the writ appeal stands disposed of.

Pending miscellaneous applications, if any, shall stand

closed. There shall be no order as to costs.

________________________ SATISH CHANDRA SHARMA, CJ

_______________________ ABHINAND KUMAR SHAVILI, J

24.03.2022 JSU