HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION No.33627 of 2015

ORDER:

This writ petition is filed seeking following relief: “To declare the order No.UC/16/2015 dated 07.10.2015 issued by the 2^nd respondent, as illegal, arbitrary and consequently, to set aside the same.”

2. Heard Sri Mirza Nisar Ahmed Baig Nizami, learned counsel for the petitioner as well as Sri V. Satyam Reddy, learned Standing counsel for respondent No.2.

3. Petitioner herein is the absolute owner and possessor of the house bearing Municipal No.6-23-1052 (old) corresponding to new No.6-23-852/1 (new) admeasuring 100 square yards, situated at Goutham Nagar, New Police Colony, Nizamabad. He applied for Municipal sanction for construction of ground + first floor and the same was approved vide proceedings bearing No.G1/168/2009 dated 18.08.2009 and petitioner constructed the said building as per the plan and the same has been assessed by the 2^nd respondent. While the matter stood thus, at the instigation of Mr. Waheed Khan, respondent No.2 has issued notice dated 08.09.2015 under Section 452 (1) and 461 (1) of HMC Act, 1955 alleging that the said construction has been made in deviation of the approved plan.