HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.11570 of 2008
Date: September 11, 2014
Between:
1. G. Pentosha Goud & 3 others.
… Petitioners And The Deputy Commissioner, Greater Hyderabad Municipal Corporation, Malkajgiri Circle, Hyderabad.
… Respondent * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.11570 of 2008
O R D E R:
Heard learned counsel for the petitioners. None appears for the respondent.
2. The case of the petitioners is that they have purchased a plot in Survey Nos.358/1 and 358/2 comprising of five shops along with shed admeasuring 1000 square yards situated at Musallam Jung Colony, Moulali, Hyderabad District, and they have been in possession of the said plot and shops since the date of purchase. They applied for regularization under BPS Scheme by enclosing a D.D and the same is pending before the respondent. Without disposing of the said application, the respondent issued the impugned notice under Section 452 of the Hyderabad Municipal Corporation Act, 1955, on 19.04.2008 stating that the petitioners have raised unauthorized construction in premises No.42-736/2 situated at Musallam Jung Colony, Moulali, Malkajgiri. The petitioners submitted a reply on 07.05.2008 stating that their application for regularization of unauthorized construction is pending and they have enclosed necessary copies also.
3. In the circumstances, the writ petition is disposed of directing the respondent to consider the explanation submitted by the petitioners on 07.05.2008 by giving an opportunity of personal hearing of the petitioners, if necessary, and pass appropriate orders thereon within a period of three months from the date of receipt of a copy of this order. Till such orders are passed, no further action pursuant to the notice dated 19.04.2008 under Section 452 of the Hyderabad Municipal Corporation Act, 1955, shall be taken against the construction made by the petitioners. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: September 11, 2014 BSB
7 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.11570 of 2008
Date: September 11, 2014
BSB