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High Court for State of TelanganaWP/37542/2016disposed of no costs

Singam Jayalaxmi , Jaya , v. The State Of Telangana,

2016-11-02P Naveen Rao3 pages

HONOURABLE SRI JUSTICE P.NAVEEN RAO Date: 02.11.2016 Between:

Singam Jayalaxmi @ Jaya, W/o Srihari, Aged 45 years, Occu: Housewife, R/o. H.No.2-14/2, (LIGH Q.No.8), Railway Station Road, Madhira Town, Khammam District.

.....Petitioner and The State of Telangana, rep.by its Principal Secretary, Municipal Administration Department, Secretariat, Hyderabad and another.

.....Respondents The Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:

Apprehending that the 2nd respondent is taking steps to demolish the house owned by the petitioner, this writ petition is filed. 2.

A reading of the affidavit and the material enclosed to the writ petition disclose that the apprehension of the petitioner is on the assumption that on 04.10.2016 notice was issued directing demolition of the subject property as it is in dilapidated condition and likely to fall. Though it is contended at this stage that notice was addressed in the name of Rama Krishna, who died long ago, petitioner has, in fact, submitted her explanation on 28.10.2016 and in the explanation, petitioner requested for appointment of Civil Engineer to assess the structural stability of the building without raising this objection. Further, in the affidavit filed in support of writ petition, petitioner admits that she is the adopted daughter of Rama Krishna. At any rate notice was served to the petitioner and petitioner responded to the notice.

3.

Having regard to these facts, writ petition is disposed of directing the 2nd respondent to consider the representation/ explanation submitted by the petitioner and if her request merits consideration, he shall take steps to assess the stability of the subject house before taking coercive action against the petitioner. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

___________________________ JUSTICE P.NAVEEN RAO Date: 02.11.2016 kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO Date: 02.11.2016 kkm