HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.17885 of 2006
Date: April 28, 2014
Between:
U. Narayana.
… Petitioner And
1. The Commissioner, Municipal Corporation of Hyderabad, Hyderabad & another.
… Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.17885 of 2006
O R D E R:
None appeared for the petitioner. Heard learned standing counsel for the first respondent.
2. This writ petition was filed challenging the action of the first respondent in not removing the unauthorized constructions made in the premises No.4-4-838 & 839, Gowliguda, Hyderabad.
3. The petitioner states that by the unauthorized constructions made by the 2nd respondent, who is his neighbour, his easement rights would be affected. Hence, he lodged a private complaint before the first respondent on 13.02.2006 and when no action was taken, the present writ petition was filed.
4. The first respondent filed a counter-affidavit stating that the 2nd respondent started digging pits for raising RCC pillars without obtaining permission as required under Sections 428 to 433 of the Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’). On receipt of the complaint, the site was inspected and a notice was issued under Section 452 of the Act on 01.09.2006 to the 2nd respondent and subsequently the work was stopped.
5. In view of the fact of issuance of notice under Section 452 of the Act on 01.09.2006 to the 2nd respondent by the first respondent and the stoppage of work, the grievance of the petitioner was met and it cannot be held that the first respondent was negligent.
6. In the circumstances, the writ petition is dismissed. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: April 28, 2014 BSB
15 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.17885 of 2006
Date: April 28, 2014
BSB