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1978 Supreme(AP) 403

Godavari Bai Rathi – Appellant
Versus
Municipal Corporation of Hyderabad – Respondent


K. RAMACHANDRA RAO, J.

( 1 ) THIS is an application for the issue of a writ of certiorari calling for the records relating to the order No. 840/2/3/76 dated 19-10-1976 0f the Municipal corporation of Hyderabad and the order in memorandum no. 5865/ k2/ 76-3- MA dated 26-5-1978 of the government of Andhra Pradesh and quashing the same and to direct the 1st respondent to sanction the plan submitted by the petitioners on 25-9-1976 for construction of second floor.

( 2 ) THE relevant facts are as follows: The petitioners are the owners of a building bearing Municipal No. 3-2- 840 in Kachiguda, Hyderabad. The petitioners applied on 7-2-1964 to the commissioner of the 2nd respondent corporation for permission to raise certain constructions. As no orders were communicated, the petitioner commenced construction on 1-4- 1964. When the construction was nearing completion, the 1st respondent issued a noticed calling upon the petitioner to demolish the construction. The petitioner to demolish the construction. The petitioner there upon filed a writ petition W. P. No. 273/65 and the same was allowed by this court on 25-1-1968 holding that the petitioner was entitled under section 437 of the Hyder













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