West End Residents Welfare Association, v. State Of Telangana,

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO Writ Petition No.34480 of 2015 ORDER:

The petitioners are stated to have purchased two plots bearing Nos.114 and 115 in Survey No.47 under a registered sale deed document No.5865 /2000, dated 29.07.2000 from one M/s. Amar Society. The petitioners obtained permission and constructed residential buildings. The said Amar Society originally purchased an extent of Acs.15.23 guntas in Survey No.47, Guttala Begumpet Village, Madhapur, from the original land owners and after obtaining sanction from the Hyderabad Urban Development Authority, it prepared a layout and the plots are forming part of the sanctioned layout. Now, proceedings are issued by the Special Grade Deputy Collector - the second respondent, stating that the said constructions were within the FTL area of Durgam Cheruvu, which were marked by the Irrigation authorities at Madhapur and Guttala Begumpet Villages of Serilingampally Mandal, and it is stated that an extent of 600 square yards was covered in that area and the petitioners are asked to remove the constructions within fifteen days. Challenging the same, the present Writ Petition is filed.

A reading of the impugned proceedings dated 26.09.2015 shows that it was issued under Section 7 of the Andhra Pradesh (Telangana Area) Irrigation Act, 1357 Fasli, and it is not a show cause notice, but a final order asking the petitioners to remove the alleged encroached area. When the petitioners had constructed the building after obtaining permission from the competent authority, no final order can be passed without issuing a show cause notice. In the circumstances, the impugned proceedings dated 26.09.2015 are directed to be taken as show cause notice and liberty is given to the petitioners to submit explanation within a period of fifteen days from the date of receipt of a copy of this order and after receipt of the explanation, the second respondent

shall pass appropriate orders in accordance with law. It is open to the petitioners to raise all contentions that are available in law. The Writ Petition is, accordingly, disposed of. The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

________________________________ (A.RAMALINGESWARA RAO, J) Date: 14.10.2015 Isn