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High Court for State of TelanganaWP/33572/2017disposed of no costs

P. Rajeshwari, v. The State Of Telangana Rep. By Its Principal Secretary

2017-10-06A V Sesha Sai3 pages

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.No.33572 of 2017 O R D E R:

The grievance of the petitioners, as advocated by the learned counsel for the petitioners in the present writ petition, is that without being preceded by any show-cause notice and opportunity of hearing to the petitioners herein, the Commissioner, Karimnagar Municipal Corporation/third respondent herein, issued the impugned notice dated 25.09.2017, asking the petitioners to remove the structures and the same is in contravention of the provisions of the Municipal Corporation Act and the violation of the principles of natural justice. 2.

When the matter is taken up, learned Special Government Pleader for the respondent Municipal Corporation submitted that the impugned notice dated 25.09.2017 may be directed to be treated as a show-cause notice and the petitioners herein may be permitted to file explanation for consideration by the respondents herein and proceed further with the matter.

3.

Recording the said submissions, the writ petition is disposed of, keeping it open for the petitioners herein to submit explanation to the notice dated 25.09.2017 by treating the same as a show-cause notice, within a period of two weeks from the date of receipt of a copy of this order. If any such explanation is filed within the time stipulated above, the same be considered and appropriate further action be taken by the respondents herein, strictly in accordance with law. Till the said exercise attains finality, no coercive action pursuant to the notice dated 25.09.2017 shall be taken by the respondents. As a sequel, the miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs. ______________ A.V.SESHA SAI, J Date:06.10.2017 grk

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.No.33572 of 2017 Dated: 06.10.2017 grk