M. Rajinamma, v. Greater Hyderabad Municipal Corporation,

THE HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO Writ Petition No. 13374 of 2012 Order:

This Writ Petition was filed challenging the show cause notice issued under Sections 452(1) and 461(1) of the Hyderabad Municipal Corporation Act, 1955, on 21.04.2012 in respect of the constructions made in Plot No.17 of Survey No.50, situated at Sahebnagar Kurd village, L.B. Nagar, Hyderabad, on the ground that there were deviations to the sanctioned plan dated 18.06.2003.

It is the case of the petitioner that they made constructions in 2004 according to the approved plan of 2003. While so, the respondents visited the premises on 12.04.2012 and issued an order dated 11.04.2012 directing the petitioner to remove the unauthorized constructions/deviated portion within three days. Challenging the same, the petitioner filed W.P. No.11206 of 2012 and the same was disposed of on 19.04.2012 by setting aside the proceedings dated 11.04.2012 and giving liberty to the respondents to issue a show cause notice afresh giving reasons for demolition of the unauthorized constructions and giving liberty to the petitioner to submit her explanation. In respect of the deviated constructions 25% penalty on property tax was being levied and the said property tax with penalty was also paid by the petitioner. When another show cause notice was issued on 21.04.2012 giving seven days time for submitting her explanation without knowing the contents of the order in W.P. No.11206 of 2012 the present Writ Petition was filed.

Since the impugned notice is only a show cause notice and in the absence of any interim order at the time of taking the Writ Petition for admission this Court is not inclined to grant any relief to the petitioner. However, the petitioner is given liberty to submit her explanation to the show cause notice, if it is not already submitted, and it is for the respondents to consider the same in accordance with law. Subject to the above observations, the Writ Petition is dismissed. There shall be no order as to costs. The Miscellaneous Petitions pending, if any, shall stand closed.

________________________ A. RAMALI NGESWARA RAO, J Date: 18.10.2016 Nsr