TANDRA VENKATESHWAR RAO Vs. JAGTIAL MUNICIPALITY

JUDGEMENT

(1.) The petitioner owns landed property in Jagtial. Initially, he constructed a cinema hall thereon. Thereafter, he submitted an application in the year 1979 to the Municipality with a request to accord permission to construct a shopping complex abutting the road. The permission was accorded on 06/02/1979 for construction of 11 shops with one room behind each shop. The petitioner commenced the construction, however, he could not complete the same within the stipulated time. He submitted an application together with approved plan on 02/07/1983 with a request to grant permission to complete the construction of the ground floor as per the plan sanctioned on 06/02/1979 and to construct first floor thereon. The respondents rejected the same.

(2.) The petitioner filed O.S. No. 150 of 1983 in the Court of District Munsif, Jagtial, for the relief of mandatory injunction in the form of direction to the respondents to accord permission for completion of the construction of the ground floor and construction of first floor. After contest, the suit was decreed on 04/08/1984. A.S. No. 5 of 1984 filed by the respondents in the Court of Subordinate Judge, Jagtial, was dismissed on 29/03/1985.

(3.) When the respondents did not do the needful, the petitioner filed E.P. No. 2 of 1988. The Executing Court passed an order on 19/02/1988 permitting the petitioner to make construction of first and ground floor, as per the decree. The petitioner has since completed the construction.