Writ Petition No. 3068 of 2011 · Andhra Pradesh High Court
Case at a glance
Outcome
Disposed of
Hence, the Writ Petition is disposed of leaving it open to the
Provisions considered
Key paragraphs
- Para 44. Hence, the Writ Petition is disposed of leaving it open to the petitioner to submit his explanation to the show cause notice, within a period of seven (7) days from today. It is needless to mention that till the explanation is submitted, further steps…
Judgment
The petitioner feels aggrieved by the show cause notice, dated 31-01-2011, under the Hyderabad Municipal Corporation Act, 1955 (for short ‘HMC Act’) issued by the respondents. It is stated that the petitioner purchased the property in question from a former IAS Officer and that the title to the same has been upheld by this Court in several proceedings. It stated that when a doubt arose as to the legality of the construction made in the property, an application was filed for regularization thereof, in terms of G.O.Ms.No.901, dated 31-12-2007, and that the same is under consideration. The grievance of the petitioner that even while the application is pending, respondents have issued notice, proposing penal action.
Heard the learned counsel for the petitioner, learned Government Pleader for Municipal Administration & Urban Development and the learned Standing Counsel for the respondents 2 and 3.
In the impugned notice, the respondents have stated that the petitioner is proceeding with the construction of the 3rd floor. If that is true, the mere pendency of the application for regularization does not justify it. The exception can certainly be taken, if the notice under Section 452 of the HMC Act is in respect of the construction, which is sought to be regularized. The petitioner is not able to point out any serious infirmity in the notice. He can certainly submit an explanation, making his stand clear as to the allegations made in the notice.
Operative part
Hence, the Writ Petition is disposed of leaving it open to the petitioner to submit his explanation to the show cause notice, within a period of seven (7) days from today. It is needless to mention that till the explanation is submitted, further steps whether under Section 636 of the HMC Act or other provisions are taken and no demolition shall take place. The petitioner also shall not make any construction. There shall be no order as to costs. ____________________ L. NARASIMHA REDDY, J February 11, 2011. Note: Issue CC in three days. B/O. KTL
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Hence, the Writ Petition is disposed of leaving it open to the
Which statutory provisions did this judgment involve?
Hyderabad Municipal Corporation Act, 1955.
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.