Pottabathini Ravi Prasad v. The State Of Telangana

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 5382 of 2020 ORDER:

This Writ Petition is filed for the following relief: "....to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in interfering with the construction and threatening to demolish the structures already raised in the petitioners plots with D No 61108/13 Part admeasuring 79 80 Sq yds and D No 61108/13 Part admeasuring 77 75 Sq yds respectively of petitioners No 1 and 2 total extent being 157 55 Sq Yds situated at Three Shop center via Vaddera Basthi to Tallapusapally leading from Mahabubabad without issuing any notice and without following the due process of law contemplated under the statute as being illegal arbitrary unconstitutional and violative of the principles of natural justice and Articles 14 21 and 300A of the Constitution of India and consequently direct the respondent authorities not to take coercive steps including demolition of the already constructed structures in the petitioners respective plots."

Learned counsel for petitioners submits that construction undertaken by the petitioners is in accordance with the sanctioned plan.

Sri N. Praveen Kumar, learned Standing Counsel for Municipalities appearing for respondent Nos.4 and 5, on instructions, would submit that the pillars alleged to have been laid by the petitioners were in violation of the sanctioned plan.

CKR, J W.P.No.5382 of 2020 In those circumstances, this Writ Petition is disposed of with the direction to the municipal authorities to issue notice to the petitioners calling for their explanation with respect to the allegation violation of the sanctioned plan. Thereupon, they shall consider such explanation and pass final order in accordance with law. Till such time, no structures of the petitioners shall be demolished.

Miscellaneous applications, if any pending, shall also stand closed. There shall be no order as to costs.

_________________________ CHALLA KODANDA RAM, J 10th MARCH, 2020.

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