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1996 Supreme(AP) 1366

G.BIKSHAPATHY
Om Prakash Gupta – Appellant
Versus
State OF A. P. rep. by its Secretary, Municipal Administration, Hyderabad – Respondent


G. BIKSHAPATHY, J.

( 1 ) THIS Writ Petition is filed challenging the Permit No. 405 of 66 dated 21-11-1992 in File No. 142/2/21/92/1 to 4 issued by the 2nd respondent Commissioner, Municipal Corporation of Hyderabad in favour of the 3rd respondent as illegal, invalid and contrary to law.

( 2 ) THE case contains voluminous facts. The 3rd respondent is the owner of house bearing Municipal No. 21-2-142/1 to 4 having an extent of 102 Square yards situated at Charkaman, Hyderabad. She applied for permission to construct a house by relaxing the rules. The Government issued G. O. Rt. No. 1835 dated 29-10-1984 relaxing the rules in favour of 3rd respondent. However, the 3rd respondent abusing the permission granted to her had constructed three floors without any prior permission from the Municipal corporation. Thereupon, the Municipal Corporation issued notices under section 452 of the Hyderabad Municipal Corporation Act (for short h. M. C. Act ) on 11-7-1988 and under Section 636 on 14-7-1988. Against the final notice under Section 636, the 3rd respondent filed a suit in O. S. No. 932 of 1985 on the file of II Assistant Judge, City Civil Court, Hyderabad and obtained status quo orders. Un





















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