Petitioner sought demolition of allegedly illegal construction and road encroachment by respondent. Counsel submitted the cause did not survive; the court recorded this and dismissed the writ petition as infructuous without costs.
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[3383 ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAO (Special Original Jurisdiction)
TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
WRIT PETITION NO: 25597 OF 2015
Between:
A.Venkat Narayana, S/o.Raju, Ageda bout 40 years, Occ Business, R/o H.No. 12-107, Kodad Town, Nalgond aD istrict.
..PETITIONER
AND
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court maybe pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the 3rd respondentin not demolishing the illegal constructions made by the 4th respondent of the house including encroachment of thepublic road nearly 3 meters in house No.13112 Ward No.2B, Kodad Town, Nalgonda District as illegal arbitrary andunjust and against the A.P.Building Rules, 2012(G.O.Ms.No.168 MA and UD(M)dept., D1.07.O4.2012) and consequently to direct the 3rd respondent herein forthwith demolish the illegal construction made by the 4th respondentincluding the encroachment of thepublic road nearly 3 meters in house No.1-31/2wardNo.28, Kodad Town, Nalgonda District.
l.A. NO: 1 OF 2015(WP MP. NO: 33199 OF 2015
7
Petition under Section 151 CPC praying that in the ;ircumstances stated in the affidavit filed in support of the petition, the High Co r t may be pleased to direct the 3rd respondent herein forth with demolish the illeg al construction made by the 4th respondent including the encroachment of the rublic road nearly 3 meters in House No.1 -3112 Ward No.28, Kodad Town, N a gonda and forthwith take the action against the 4th respondent by 3rd respon,l:nt pursuance of his Memo G1170112015 dt.11.05.2015 and remainder r otice c1170112015 dt.24.OO.2015 pending disposal of the maln Writ Petitir,r , in the interest of justice.
Counsel for the Petitioner: SRI PALLE NAGESWAR RAO
Counsel for the Respondent No.1: GP FOR MCPL ADMN-Lll IBAN DEV
Counsel for the Respondent No.2: SRI PUTTA KRISHNA Rt DDY, SC FOR MCPL
CounseI for the Respondent No.3: GP FOR REVENUE
Counsel for the Respondent No.4: SRI KIRAN PALAKURTIJ
The Court made the following: ORDER
w
THE HON'BLE SRI JUSTICE LAXIVII NARAYANA ALISHETTY
WRIT PETITION No.25597 of 2O15
ORDER:
This writ petition is hled seeking following relief:
"Declare the action of the respondent No.3 not demolishing the itlegal constructions made by the respondent No.4 of the house including encroachment of the public road nearly 3 meters in House No.1-31/2, Ward No.28, Kodad Town, Nalgonda District as illegal, arbitrary and unjust and against the A.P. Buitding Rutes, 2012 (G.O.Ms.No.168 MA and UD (M) Department dated 07.O4.2O 15) and prays to direct the respondent No.3 herein forthwith demolish the illegal construction made by the respondent No.4 including the encroachment of the public road nearly 3 meters in House No.1 31/2, Ward No.28, Kodad Town, Nalgonda District."
2 When the matter is taken up for hearing, learned counsel for the petitioner submits that cause in the present writ petition does not survive and the same has become infructuous.
Miscellaneous petitions, if any pending, shall stand dismissed.
\
Sd/.G.JYOTHI A TANT REGISTRAR //TRUE COPY// SECTION OFFICER
To,
HIGH COURT
DATED: 0210912025
ORDER
WP.No.25597 of 2015
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DISMISSING THE WRIT PETITION
AS INFRUCTUOUS,
WITHOUT COSTS
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1 provisions across 1 enactments
A.Venkat Narayana
The State of Telangana, rep by its Principal Secretary, Municipal Administration Department, Secretariat, Hyderabad
The Commissioner, Municipality Kodad Town, Nalgonda District
The District Collector, Nalgonda District
T.Rama Rao
Laxmi Narayana Alishetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
