HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 10762 OF 2008 DATED 29th December, 2014.
BETWEEN Mithalal Jain Sehlot ….Petitioner And Municipal Corporation of Hyderabad, Rep. by its Commissioner, Hyderabad and anr.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 10762 OF 2008
ORDER:
Heard learned Counsel for the petitioner and learned Standing Counsel for the respondents.
This Writ Petition was filed challenging the action of respondents in interfering with the peaceful possession and enjoyment of the property of the petitioner bearing H.No.6-1- 680, 681 & 682 situated near Vegetable Market, Khairatabad, Hyderabad,.
It appears that the petitioner filed an application under Building Penalization Scheme (popularly known as BPS) and the same was considered by the respondents and the petitioner was asked to submit the shortfall documents i.e. Building photographs, property tax receipts, Structural Stability Certificate and further he was asked to pay Final/balance amount of Rs.60,639 towards penalization charges as per the submitted plan, within the stipulated time. It is also stated therein that since the petitioner obtained a building permission for the construction of Ground and First floors in premises No.6- 1-681 & 682 on 28.12.2007, which is after the cut off date of Building penalization Scheme, i.e. 15.12.2007, he is not eligible for the said scheme and thereby the respondents rejected the application of the petitioner. The Deputy Commissioner, Circle- 10 of GHMC issued orders in proceedings dated 08.12.2014 to that effect.
In view thereof, the learned Counsel for the petitioner sought permission of this Court to take further steps pursuant to the orders of rejection dated 08.12.2014.
According said permission, the Writ Petition is closed. However, it is made clear that the respondents shall not take any coercive steps against the subject property of the petitioner for a period of three months.
The Writ Petition is closed. Miscellaneous petitions pending consideration if any in the Writ Petition shall also stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 29th December, 2014. Msnrx