Mr. Mohammed Mateen Baig v. The State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.20220 OF 2017 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- "to issue an appropriate writ more particularly one in the nature of writ of Mandamus declaring the action of the respondents herein in threatening the petitioner to demolish the constructions in H.No.1-60/19/2 situated at Anjaiah Nagar, Gachibowli (V) Rangareddy District, Telangana State by issuing notice U/S 452(1) & 461(1) of HMC Act 1955 dated 27-05-2017 which is served on this petitioner on 17-06-2017 during pendency of the Building Permission application of this petitioner made way back on 20-02-2017 as illegal, arbitrary and opposed to section 437 of HMC Act 1955 and consequently set aside the notice dated 27-05-2017."

2.

The main grievance of the petitioner is that the respondent authorities issued the aforesaid notice without passing any orders on the application, dated 20.02.2017, filed by him for building permission.

3.

Learned counsel for the petitioner submitted that even though the petitioner filed the building permission application before the respondent authorities on 20.02.2017, there is no communication from them even after expiry of thirty days and hence, the petitioner proceeded with the construction in accordance with Section 437 of the Hyderabad Municipal Corporation Act, 1955; that though the impugned notice is dated 27.05.2017, the same was received by the petitioner only on

17.06.2017 and hence, prays to direct the respondent authorities to give time to submit his reply.

4.

Considering the facts and circumstances of the case and the grievance of the petitioner, without going into the merits of the case, the petitioner is directed to give his reply to the impugned notice within a period of three (3) weeks from the date of receipt of a copy of this order and the respondent authorities shall consider the said reply and then, pass appropriate orders in accordance with law. Till then, the respondents are directed not to interfere with the construction made by the petitioner in the subject property. There shall be no order as to costs. 5.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO Date : 21.06.2017 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.20220 OF 2017 Date: 21.06.2017 AMD