HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.11283 of 2010
Date: April 28, 2014
Between:
M. Rama Krishna Reddy.
… Petitioner And
1. The Commissioner, Municipality, Mahabubnagar & 3 others.
… Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.11283 of 2010
O R D E R:
Heard learned counsel for the petitioner and learned counsel for respondents 2 to 4. None appears for the first respondent.
2. The petitioner is the owner and resident of H.No.1-4- 69 at Mahabubnagar Town. Towards his southern side, the house bearing No.1-4-70 of respondents 2 to 4 was situated. The petitioner constructed the house 13 years back and he was paying municipal taxes. In between the houses of the petitioner and respondents 2 to 4 there is a 5 feet lane and the land of respondents 2 to 4 is an extent of 150 square yards. Though the 2nd respondent obtained permission for construction of ground plus one floor, deviated from the sanctioned plan over the land of an extent of 150 square yards bearing H.No.1-4-70 and the petitioner submitted a representation on 01.05.2010 against the unauthorized constructions made by respondents 2 to 4 in H.No.1-4-70. When the first respondent did not take action, the present writ petition was filed.
3. No counter-affidavit is filed by the first respondent or by respondents 2 to 4.
4. In the circumstances, the petitioner being neighbour is entitled to bring to the notice of the first respondent with regard to the alleged unauthorized constructions made by respondents 2 to 4. Accordingly he submitted a representation on 01.05.2010 and the first respondent ought to have considered the same. But in the absence of any counter-affidavit from the first respondent it cannot be said that the first respondent has considered the said representation.
5. In the circumstances, the writ petition is disposed of directing the first respondent to consider the representation dated 01.05.2010 of the petitioner and inspect the premises of respondents 2 to 4 and take necessary action if there are violations from the sanctioned plan in accordance with law. Pending miscellaneous petitions, if any, shall stand closed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: April 28, 2014 BSB
82 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.11283 of 2010
Date: April 28 , 2014
BSB