Telangana High Court
WP/28674/2009 of Shaik Abdul Rawoof, Vs The Commissioner on 29 December 2009
MR JUSTICE L. NARASIMHA REDDY Writ Petition No.28674 of 2009 ORDER: The petitioner claims to be the owner of premises, bearing No.18-3-16, Laxmivarapupet, Eluru. It is said to have accrued to him under a Will, dated 21.02.1997, executed by the original owner of the premises. Reference
THE HON’BLE MR JUSTICE L. NARASIMHA REDDYWrit Petition No.28674 of 2009
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ORDER:
The petitioner claims to be the owner of premises, bearing No.18-3-16, Laxmivarapupet, Eluru. It is said to have accrued to himunder a Will, dated 21.02.1997, executed by the original owner of thepremises. Reference is made to S.A.No.1046 of 2005, pending beforethis Court. The grievance of the petitioner is that, the MunicipalCorporation, Eluru, the 1[st] respondent, is trying to demolish thepremises, at the instance of the 2[nd] respondent.
Heard learned counsel for the petitioner and learned StandingCounsel for the 1[st] respondent.
The Corporation is conferred with the power to take appropriateaction against any construction made without any sanctioned plan, orencroachments over the public road. However, before any such actionis taken, the concerned party is to be issued notice under the relevantprovisions of law. No acts of demolition can be resorted to, unless theprescribed procedure is followed.
Hence, the Writ Petition is disposed of, directing that therespondents shall not demolish, or otherwise meddle with thepremises, bearing No.18-3-16, Laxmivarapupet, Eluru, withoutfollowing the procedure prescribed by law.
There shall be no order as to costs.
Dt.29-12-2009.GJ
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L. NARASIMHA REDDY, J.