Venu Subhash v. The Municipal Commissioner, Gaddiannaram Municipality, R.R.District
Case at a glance
Outcome
Disposed of
Accordingly, the writ petition is disposed of
Provisions considered
Judgment
Cause title
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue an order or orders more particularly one in the nature of Writ of Mandamus declaring the impugned notice dated 19.4.2005 in file No.U.C.R.No.26/TPS-II/2005 as being illegal, arbitrary and violation of provisions of A.P. Municipalities Act, 1965, and A.P. Urban Development Act and Articles 14 & 21 of Constitution of India. Counsel for the Petitioner:
Mr. P.RAJESWARA RAO Counsel for the Respondent: Mr.P.Radhakrishna, Standing Counsel for the Municipality. The Court at the stage of admission made the following :
O R D E R :
This writ petition is filed by the petitioner aggrieved by the Order dated 19.04.2005 passed by the respondent under Section 228(3) of the Andhra Pradesh Municipalities Act, 1965, (for short ‘the Act’). It is not in dispute that against the said Order an appeal lies under Section 345 of the Act and the petitioner has preferred such an appeal before the Municipal Council along with an application for stay. The petitioner states that the Municipal Council is not likely to meet within a month, and so, he is not able to get any immediate orders and in the meanwhile the employees of the Corporation are attempting to demolish the structures in question in pursuance of the impugned order dated 19.04.2005. Hence, this writ petition. Having heard the learned Counsel for the petitioner and the learned Standing Counsel appearing for the respondent and keeping in view that the statutory appeal has already been preferred by the petitioner and pending before the Municipal Council, I deem it appropriate to dispose of the writ petition with a direction that the application for stay filed by the petitioner in the appeal filed against the order dated
19.04.2005 shall be disposed of in accordance with Law within a period of one week from the date of receipt of a copy of this order. Till such time, the order dated
Operative part
19.04.2005 shall not be given effect to. However, it is made clear that the petitioner shall not proceed with any further constructions in the land in question until further orders. Accordingly, the writ petition is disposed of. No costs. Dated: 28th April, 2005. ______________ G.ROHINI, J. NOTE: Registry is directed to communicate a copy of this Order to the Municipal Council, Gaddiannaram Municipality. B/O To // TRUE COPY // ASSISTANT REGISTRAR SECTION OFFICER
The Municipal Commissioner, Gaddiannaram Municipality, Ranga Reddy District.
The Muncipal Council, Gaddiannaram Municipality, Gaddiannaram, Ranga Reddy District.
2 CD copies Form-NIC-OGS/WP{JGK}
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the writ petition is disposed of
Which statutory provisions did this judgment involve?
Constitution of India — arts. 14, 21, 226; A.P. Municipalities Act, 1965; A.P. Urban Development Act; Andhra Pradesh Municipalities Act, 1965 — s. 228(3).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.