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Judgment
This Writ Petition is filed to declare the illegal action of respondent No.3, despite receipt of the petitioner’s detailed complaint/representation dated 20-01-2022, with the aid and assistance of respondent No.4 police and without any valid reasons, is interfering with the construction of petitioner’s residential building pursuant to the building permission vide permit No.0010/BP/3036/2021 & File No.001475/BP/DTCP/3036/00072021 and completed the floors of slabs G +3 out of G+4 in plot Nos.57 and 58 situated at Peerzadiguda Municipal Corporation, as illegal and arbitrary.
Learned counsel for the petitioner Mr. P. Nageswar Rao submits that the petitioner has applied for building permission and the same was granted on 20-09-2021 for construction of stilt + 4 upper floors and then the petitioner is making construction. He submits that at the behest of the unofficial respondent No.5, the official respondents are interfering with the petitioner’s construction activity and hence, the petitioner has come up before this Court.
This Court, by order dated 25-01-2022, directed the respondents not to interfere with the subject property of petitioner.
Learned Standing Counsel for respondent No.3 Mr. N. Praveen Kumar submits that the petitioner has completed the construction and the respondent Municipality has issued occupancy certificate on 22-07-2022. He submits that the respondent Municipality has never interfered with the petitioner’s possession nor they have received any complaint from the unofficial respondent No.5.
The unofficial respondent No.5 has filed counter affidavit stating that he has instituted a suit in O.S.No.36 of 2021 on the file of IV Additional Junior Civil Judge-cum-IV Additional Metropolitan Magistrate, Cyberabad at L.B.Ngar, and later the petitioner and the unofficial respondent No.5 have entered into compromise on 05-06-2022.
As far as this writ petition is concerned, the agreement between the petitioner and unofficial respondent No.5 is not necessary. According to the learned Standing Counsel, the respondent Municipality has not received any complaint from the unofficial respondent nor interfered with the construction activity as already they have issued the occupancy certificate. Hence, no further orders are required to be passed in this writ petition.
Accordingly, the Writ Petition is disposed of. No order as to costs.
Miscellaneous Applications, if any pending in this writ petition, shall stand closed.
