Smt. Katamala Rama, v. The Defence Estate Officer

THE HON'BLE SRI JUSTICE SURESH KUMAR KAIT WRIT PETITION No.26612 of 2016 ORDER:

Vide the present petition, the petitioner seeks mandamus declaring the proposed action of the respondents in trying to demolish the building situated on Plot No.58-077 admeasuring 140 sq yds., in Sy.No.105 covered under block No.58, GHMC Circle15, situated at Sriram Nagar Colony, Quthbullapur Village & Mandal, Ranga Reddy District vide demolition order Ref.No.454/DL/SC/KR/Q, dated 4.8.2016, as illegal, arbitrary and violative of principles of natural justice.

Learned counsel appearing on behalf of the petitioner submits that the impugned order dated 4.8.2016 was issued to the petitioner without issuing any show cause notice. He submits that the petitioner has purchased the above mentioned property through registered sale deed, way back in the year 2014. He also submits that the vendor of the above said property has purchased from S.Swaran Singh in the year 1994. Since 2014, the petitioner is staying in the said property.

A perusal of the demolition order dated 4.8.2016 it does not disclose that a notice was issued to the petitioner earlier. Therefore, I hereby treat the said order as show cause notice to the petitioner and the petitioner shall file response to the said show cause notice within two (02) weeks from today. Till the decision of the respondents after filing reply to the show cause notice, both parties shall maintain status quo for the property mentioned above. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

___________________________________ JUSTICE SURESH KUMAR KAIT.

Date :08-08-2016 Note : C.C. tomorrow.

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