HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 16257 OF 2009 DATED 5th December, 2014.
BETWEEN Shashikala ….Petitioner And The Government of AP, rep. by its Secretary, Municipal Administration Department, Secretariat, Hyderabad and ors.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 16257 OF 2009
ORDER:
Heard learned Counsel for the petitioner, learned Government Pleader for the first respondent, learned Standing counsel for the second respondent and learned Counsel for the third respondent.
The petitioner purchased a shop bearing No.11 in Municipal building bearing No.5-1-598/GF/11 in ground floor in the building known as Renuka Complex situated at Syed Jung Lane, Troop Bazar, Hyderabad under a registered sale deed dated 16.3.2005. One Mohan Sing and others filed a suit for injunction against the Municipal Corporation of Hyderabad in O.S.No.4544 of 2001 on the file of the III Junior civil Judge, City Civil Court, Hyderabad and the suit was ultimately dismissed.
When the Government introduced the Building Penalization Scheme, the petitioner submitted an application to the second respondent on 19.03.2008 and pursuant to the same, the second respondent issued notice on 14.07.2009 directing the petitioner to submit the property tax proof and structural stability certificate issued by the Structural Engineer and the same were submitted by the petitioner on 27.07.2009. Despite the same, the second respondent issued the impugned notice dated 01.08.2009 under Section 636 of HMC Act. Challenging the same, the present Writ Petition was filed.
Similar and identical issue came up for consideration before this Court in Writ Petition Nos.16258 of 2009 and batch and by order dated 15.09.2014 this Court disposed of the said Writ Petitions giving liberty to the petitioners therein to avail the remedy of appeal as provided under Building Penalization Scheme to the Committee constituted under G.O.Ms.No.121, dated 13.05.2014 and the same shall be considered and disposed of by the Appellate Committee .
In view of the same, the present Writ Petition is also disposed of giving liberty to the petitioner to avail the remedy of appeal as provided under Building Penalization Scheme to the Committee constituted under G.O.Ms.No.121, dated 13.05.2014 within a period of one month from the date of receipt of a copy of this order and the same shall be considered and disposed of by the Appellate Committee as expeditiously as possible in accordance with law. Till the orders are passed by the Appellate Committee, the interim stay granted by this Court on 07.08.2009 shall continue to operate.
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 5th December, 2014. Msnrx