HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 28623 OF 2007 DATED 24th November, 2014.
BETWEEN Smt. Nafiya Bee ….Petitioner And The Yemmiganur Municipality, rep. by its Commissioner, Yemmiganur, Kurnool District and ors.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 28623 of 2007.
ORDER:
Heard learned Counsel for the petitioner. None appeared for the first respondent-Municipality.
This Writ Petition was filed challenging action of the first respondent in not taking action against respondents 2 to 4 and permitting them to construct houses along with compound wall by occupying the Municipal road without there being any sanction of plan.
Though notice was directed to be issued to respondents 2 to 4, it was not served on them. But in view of the nature of dispute involved in this Writ Petition, service of notice on respondents 2 to 4 is not insisted upon.
The petitioner states that there is 33 square feet road on the eastern side of her house bearing No. 18/615, Court street, Yemmiganoor, Kurnool District. When the neighbours were making constructions, the petitioner along with others filed complaint on 12.11.2007 about the unauthorized constructions made by respondents 2 to 4. Despite the same, when no action was taken, the present Writ Petition was filed.
No counter affidavit is filed by the first respondent so far.
In view of the relief sought for herein, the Writ Petition is disposed of directing the first respondent to inspect the premises of respondents 2 to 4 and if any unauthorized constrictions are made by respondents 2 to 4, issue appropriate notice to them and take necessary action in accordance with law within a period of three months from the date of receipt of a copy of this order.
The Writ Petition is accordingly disposed of. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 24th vember, 2014. Msnrx