Vundela Guru Prasad Reddy v. The State Of Telangana And 5 Others

THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETITION No.15128 of 2021 ORDER:

Heard the learned counsel for the petitioners, the learned Government Pleader for Municipal Administration and Urban Development for respondent No.1, and Sri Sampath Prabhakar Reddy, the learned Standing Counsel for GHMC, for respondent Nos.2 to 6. With their consent, the Writ Petition is disposed of at the stage of admission itself.

Aggrieved by the speaking order dated 27.05.2021 passed by respondent No.4, the present Writ Petition is filed. A perusal of the impugned speaking order discloses that the petitioners have unauthorisedly constructed 3rd, 4th and 5th floors by clubbing two separate permissions of stilt plus two upper floors. Though the Corporation has issued the notices under Sections 452(1), 452(2) and 636 of the Greater Hyderabad Municipal Corporation Act, 1955 (for short, 'the Act'), the petitioners have neither chosen to submit their explanation to the said notices nor removed or pull down the illegal structures, which were constructed by them without obtaining permission from the GHMC, and therefore, by the impugned order, the petitioners were called upon to submit their explanation within three days, as a last chance. Admittedly, the respondents have issued notices to the petitioners from time to time by following the procedure contemplated under the Act. But, the petitioners have neither

chosen to submit their explanations to the said notices nor removed the unauthorized structures. Furthermore, even by the impugned order, the petitioners were called upon to submit their explanation, as a last chance, but the petitioners, without submitting their explanation, have straightaway approached this Court and filed the present writ petition. The petitioners having received the earlier notices issued by the respondent Corporation and having kept quiet cannot complain about the impugned order directing to submit their explanation with regard to the unauthorized structures. Hence, I see no grounds to entertain this writ petition.

The writ petition is, accordingly, dismissed. The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs. ______________________ A.ABHISHEK REDDY, J Date : 06.07.2021 va