Shaik Ahmed v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETITION No.13216 of 2021 ORDER:

Heard the learned counsel for the petitioners, the learned Government Pleader for Municipal Administration and Urban Development for respondent No.1, Sri N.Praveen Kumar, the learned Standing Counsel for respondent No.2, and the learned Government Pleader for Revenue for respondent No.3. With their consent, the Writ Petition is disposed of at the stage of admission itself.

This writ petition is filed by the petitioners seeking to declare the action of the respondent Nos.2 and 3 in trying to demolish the subject houses pursuant to the show cause notice dated 29.04.2021, as illegal and arbitrary.

A perusal of the notice dated 29.04.2021 shows that though the same is named as 'Show Cause Notice', the respondents have not granted any time to the petitioners herein to submit their explanation and the authorities have straight away directed the petitioners to remove the structures.

In view of the above, without going into the merits or demerits of the case, the writ petition is disposed of directing the petitioners to submit their explanation to the impugned show cause notice dated 29.04.2021, within a period of two weeks from today. On receipt of such explanation, the competent authority shall consider the same and pass necessary orders thereon, strictly on merits and in accordance with law, within a period of four weeks thereof. It is needless to mention that before passing any

orders, the petitioners shall be afforded an opportunity of hearing. A copy of the order that may be passed by authorities shall be communicated to the petitioners. Till such time the final orders are passed, the official respondents are directed not take any coercive steps against the petitioners.

The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs. ________________________ A.ABHISHEK REDDY, J Date : 29.06.2021.

sur