Andhra Pradesh High Court - Amravati
M. Mutyala Rao, vs The State Of Andhra Pradesh, on 28 August, 2019
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.12302 of 2019
Order:
This Writ Petition is filed to declare the action of the second
respondent in not considering the representations of the petitioner dated
27.06.2019 and 08.07.2019 etc., for removal of the unauthorized
constructions made in the setback area in Hi-Rise Paradise Apartments,
situated in Gadalamma Nagar, Rajamahendravaram, East Godavari
district, as illegal and arbitrary.
The case of the petitioner is that he is the owner of Flat No.A4,
situated in Hi-Raise Paradise Apartment, Rajamahendravaram, East
Godavari district; the second respondent has granted building permission
for stilt + Ground + 4 floors vide building permit order dated 30.01.2016;
according to the said permission granted by the second respondent, the
builder shall not make any construction in the parking area and in the
setback areas of the apartment; contrary to the said permission, the third
respondent has constructed Toilets, Generator room etc., in the 10 feet
setback area; as the third respondent is making constructions without
leaving any setback area, the petitioner filed representations on
03.04.2019, 08.05.2019, 27.06.2019 and 08.07.2019 requesting the
second respondent to remove the constructions made in the setback area
which are constructed contrary to the permission granted to the third
respondent; as the second respondent did not take any action on the said
representations, the present Writ Petition is filed.
When the matter is taken up for admission, learned Standing
Counsel appearing for the second respondent submits that the second
respondent would consider the representation of the petitioner.
2
In view of the same, the second respondent is directed to dispose
of the representation of the petitioner in accordance with law, after giving
notice and opportunity of hearing to the third respondent, and
communicate the same to the petitioner.
The Writ Petition is, accordingly, disposed of. There shall be no
order as to costs.
As a sequel thereto, the miscellaneous petitions, if any, pending in
this Writ Petition shall stand closed.
_____________________________
KONGARA VIJAYA LAKSHMI, J.
Date: 28.08.2019 Nsr 3 THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI Writ Petition No.12302 of 2019 Date: 28.08.2019 Nsr