HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITIION No. 19871 OF 2008 DATED 31st OCTOBER, 2014.
BETWEEN M/s.Sree Rama Constructions, rep. by Smt. P.Shanta Rajeswari, Hyderabad ….Petitioner And The Asst. City Planner, Town Planning Section, Circle-I, Sardar Mahal, , GHMC, Hyderabad.
…Respondent.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITIION No. 19871 OF 2008.
ORDER:
Heard learned Counsel for the petitioner and learned Standing Counsel for the respondent.
The petitioner is a partnership firm. It entered into an agreement of sale cum General Power of Attorney with the original owner and possessor of the plot admeasuring 1460 square yards situated in 6-2-981, at Khairatabad, Hyderabad. The original owner obtained permission from the respondent for construction of stilt + 5 upper floors for residential flats vide permission No.45/76, dated 10.01.2005. While so, the officials of the respondent came to the said plot on 08.09.2008 and marked some structures. When the petitioner made an enquiry, the respondent authorities stated that they proposed to demolish the structures on the ground that constructions were made in the parking area. Accordingly the respondent issued a notice on 08.09.2008. It is the case of the petitioner that they submitted a reply to the said notice on 10.09.2008. However, the respondent having received the said reply did not pass any orders and on the other hand, he resorted for demolition of the structures.
No counter affidavit is filed even after lapse six years of filing of the Writ Petition.
In the circumstances, this Writ Petition is disposed of directing the petitioner to submit a copy of the reply dated 10.09.2008 to the respondents, which was stated to have been submitted pursuant to the notice dated 08.09.2008, within a period of two weeks from the date of receipt of a copy of this order and on receipt of said reply, the respondent shall consider and pass appropriate orders thereon within four weeks thereafter. Till such time, the respondent shall not interfere with the structures in issue of the petitioner.
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 31st OCTOBER, 2014.
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