RAVURI RAGHAVA RAO Vs. KANDUKUR MUNICIPALITY

JUDGEMENT

(1.) HEARD Sri Ravi Kondaveeti, learned counsel for the petitioner, Smt. K. Swapna, learned counsel representing Smt. Shanthi Neelam, learned standing counsel for the lst respondent and Sri V. Ramesh, learned Assistant Government Pleader for the

(2.) ND respondent. 2. The petitioner claims to be absolute owner of plot admeasuring 2148 square yards in Survey No.865/l-A, 1A, 2A1 at Kandukur and the Licencing Authority, after obtaining inspection reports and No Objection Certificates from the concerned officials, granted construction permission for Twin Theatres in the said plot by the order dated 09-01-2010, with even the Commissioner of the 1st respondent issuing a No Objection Certificate dated 18-02-2009 after obtaining approval from the Municipal Council through its resolution dated 31-10-2008. When the petitioner started earth work in February, 2010, dug a bore-well and was proceeding with the work, the construction work was obstructed by the 1st respondent and again when the construction work was commenced, the 1st respondent's officers interfered on 16-04-2012 and 11-07-2012. The petitioner claimed to have approached the Central Bank of India, Nellore, for sanction of a loan, which was stalled due to the illegal interference by the 1st respondent notwithstanding with the permission from the 2nd respondent. The petitioner, therefore, desired that the said interference of the 1st respondent be declared illegal and the lst respondent be consequently directed not to interfere with the construction of the Twin Theatres.

(3.) IN the additional counter affidavit of the 1st respondent, the 1st respondent stated that the letter of the Municipal Commissioner dated 18-02-2009 stating no objection was irregular and as the widening of existing 26 feet wide road on northern side to 40 feet was cancelled by the Municipal Council vide resolution No.29-12-2009 in view of the objections raised by the residents of the locality and as the area of the construction falls under the residential area as per the master plan, which required conversion, action will be initiated to recommend cancellation of No Objection Certificate issued by the then Municipal Commissioner, Kandukur. The writ petition is, therefore, requested to be dismissed.