LAWS(APH)-2013-6-121

NOMULA VARALAKSHMI Vs. ELURU MUNICIPAL CORPORATION

Decided On June 11, 2013
Nomula Varalakshmi Appellant
V/S
Eluru Municipal Corporation Respondents

JUDGEMENT

(1.) THIS writ petition is disposed of at the admission stage after hearing Sri Sridhar Thummalapudi, learned counsel appearing for the petitioner and Sri A. Sreedhar, learned Standing Counsel appearing for the respondent.

(2.) THE petitioner claims to be the owner and possessor of land measuring 111.5 sq.yards situated at Ward No.48, Lakshmivarapupeta, Eluru, West Godavari District. According to her, she has constructed building with ground and first floors after obtaining construction permission vide proceedings No. BA No.130/2012/92, dated 13.08.2012.

(3.) THE petitioner was served with show -cause notice dated 18.04.2013 issued under Section 452 of the Hyderabad Municipal Corporation Act, 1955, alleging that the building has been constructed contrary to the sanction plan. It is to be noted that the allegation mentioned in the show -cause notice is too vague and that it does not describe what actually is the violation committed by the petitioner. Be that as it may, the petitioner submitted her explanation on 27.04.2013. It is stated that no final order has been passed so far. The petitioner has filed this writ petition feeling threatened that the construction would be demolished though the petitioner has already submitted her explanation and that the respondent without passing final order and following due process, would demolish the construction.