KOLLAREDDY VENU GOPALA SWAMMY REDDY Vs. MANCHERIAL MUNICIPALITY

JUDGEMENT

(1.) Heard Sri P. Srinivas, learned counsel representing the writ petitioner, Sri P. Radha Krishna, learned Standing Counsel representing the 1st respondent-Municipality, and the learned Government Pleader for Municipal Administration and Urban Development, representing the respondents 2 to 4.

(2.) Sri P. Srinivas, learned counsel representing the writ petitioner had taken this Court through the respective stands taken by the parties and would contend that in the facts and circumstances of the case the impugned order cannot be sustained. The learned counsel also pointed out to an order passed by this Court in Writ Petition No. 8891 of 2001 and would contend that in the light of the stand taken by the 1st respondent-Municipality in the said writ petition, contrary stand cannot be taken in the present writ petition. The learned counsel also would submit that unnecessarily the writ petitioner was driven to unconcerned authorities and because of certain orders made in this regard, the writ petitioner is landed into the present situation. The learned counsel also would maintain that in the light of the facts and circumstances, the petitioner is prepared to specifically show his land on ground for the purpose of satisfying the Commissioner, Mancherial Municipality or his Staff, and on being satisfied, let the 1st respondent-Municipality to consider the granting of building permission to the petitioner in accordance with law.

(3.) Sri P. Radha Krishna, learned Standing Counsel representing the 1st respondent-Municipality would contend that in the light of the stand taken by the respondents 2, 3 and 4 in the counter affidavit, the 1st respondent-Municipality has only limited say in the matter. The learned counsel also would contend that in the light of the facts and circumstances, if the petitioner is able to demarcate the land on ground in presence of the concerned officers of the 1st respondent-Municipality, and on being satisfied the 1st respondent-Municipality has no objection to consider the application of the petitioner to accord building permission in accordance with law.