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2013 Supreme(AP) 60

NOOTY RAMAMOHANA RAO
V. Parvathalu – Appellant
Versus
Municipal Council, rep. by its Commissioner – Respondent


Advocates Appeared:
For the Petitioner:M. Rama Rao, Advocate.
For the Respondent:Polisetti Radha Krishna, Advocate.

Judgment :

This writ petition is instituted by a practitioner of law, challenging the legality and validity of the notice issued on 29.06.1996 by the respondent in terms of Section 228 (3) of the Municipalities Act, 1965, directing demolition of a certain portions of the first and second floors of the building, constructed by the petitioner bearing H.No.2-3-195, Kaman Road, Karimnagar.

The case of the petitioner is that, he has constructed a building comprising of a single floor sometime during 1972-73 and it was assigned house No.2-3-195, Kaman Road, Karimnagar. The petitioner has proposed to make an addition to the existing building by constructing first and second floors thereon and submitted an application in that regard on 06.09.1984 duly paying a sum of Rs.1305/-. Finding no response, either sanctioning or refusing to sanction the building permission applied for, the petitioner has delivered a notice in the office of the Commissioner of the respondent on 08.11.1984 notifying that he is proceeding to execute the work of construction treating the building permission applied for by him as deemed to have been sanctioned. At that stage, on 14.12.1984 the respondent has served two n




























































































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