Telangana High Court
WP/26204/2006 of Konjeti Lakshminarayana, Vs Nellore Municipal Corporation, represented byits on 27 December 2006
SRI JUSTICE P.S.NARAYANA WRIT PETITION NO.26204 of 2006 DATED 27.12.2006 Between: Konjeti Lakshminarayana. …. PETITIONER versus Nellore Municipal Corporation, represented by its Commissioner, Nellore, Nellore District and three others. …. RESPONDENTS WRIT PETITION NO.26204
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Conclusion
THE HON’BLE SRI JUSTICE P.S.NARAYANA
WRIT PETITION NO.26204 of 2006
DATED 27.12.2006
Between:
Konjeti Lakshminarayana. …. PETITIONER
versus
Nellore Municipal Corporation,represented by its Commissioner,Nellore, Nellore Districtand three others. …. RESPONDENTS
WRIT PETITION NO.26204 of 2006
ORDER:
This Court ordered Notice Before Admission on 18.12.2004. Heard Sri V.Narayana Reddy, learned counsel representing the writPetitioner, Sri S.Venkateswara Reddy, learned Standing Counselrepresenting the 1[st] respondent and Sri P.Sridhar Reddy, learnedcounsel representing respondents 3 and 4.
2. The Writ Petition is filed for a Writ of Mandamus declaring theaction of respondents 1 and 2 in not taking any action on therepresentations dated 16.11.2005, 22.6.2006 and 16.9.2006 of thepetitioner in respect of and against illegal construction andunderground oil storage tank constructed by respondents 3 and 4 inWard No.6, Assessment No.7050/1, door No.50, Pappula Street,Stonehousepet, Nellore, Nellore District, as the same is arbitrary,illegal and consequently direct the 1[st] respondent to act upon therepresentations dated 16.11.2005, 22.6.2006 and 16.9.2006 of thepetitioner in accordance with GO Ms.No.423, Municipal Administration and Urban Development (M1) Department, dated 31.7.1998 and passsuch other suitable orders.
3. It is stated that the petitioner is the owner of the house atPappula Street, Stonehousepet, Nellore, D.No.W-6-1-51, (Old DoorNo.W-6/57) vide registered sale deeds dated 26.7.1990 and28.7.1990. It is also stated that in the month of August, 2005,respondents 3 and 4 dug a big pit and were constructing undergroundoil tank. It is also stated that the petitioner raised objections andquestioning the inaction of the 1[st] respondent and filed Writ PetitionNo.23884 of 2005 and it is stated that the said Writ Petition wasdismissed. It is also further stated that the petitioner gave arepresentation to the 1[st] respondent in August and October, 2005. Thelearned counsel also placed reliance on the judgments inM.SATYANARAYANA vs. BHIMAVARAM MUNICIPAL COUNCILAND ANOTHER[1]and P.PHANINDRA BABU vs. GOVT. OF A.P.MUNICIPAL ADMINISTRATION AND OTHERS[2].
4. In view of the several facts and circumstances explained, thisCourt is of the considered opinion that the Writ Petition be disposed ofdirecting the 1[st] respondent to consider the representations of thepetitioner dated 16.11.2005, 22.6.2006 and 16.9.2006 in accordancewith law, after putting the petitioner and respondents 3 and 4 on notice,receive objections, if any, which may be filed by respondents 3 and 4in this regard and dispose of the same as expeditiously as possiblepreferably within a period of two (02) months from the date of receipt ofa copy of this order.
5. With the direction indicated above, the Writ Petition is disposedof. No costs.
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27.12.2006
SSR
12006(6) ALT 117.
22005(6) ALT 603.