Balakishan Javar v. The Zaheerabad Municipality, Represented By Its

HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN Writ Petition No.1728 of 2010 ORDER:

Heard Sri P.Laxma Reddy, Learned Counsel for the petitioner, and Sri N.Praveen Kumar, Learned Standing Counsel appearing on behalf of the respondent.

The relief sought for in this Writ Petition is to declare the action of the respondent in seeking to demolish the petitioner's building without issuing any notice and without giving him an opportunity of being heard, as contrary to the provisions of the Municipalities Act, and as being arbitrary and illegal. Sri N.Praveen Kumar, Learned Standing Counsel appearing on behalf of the respondent, would submit that the petitioner had constructed a building without leaving any set-backs; and the respondent would put him on notice, give him an opportunity of being heard and thereafter take action in accordance with law. In the light of the submission of the Learned Standing Counsel appearing on behalf of the respondent, suffice it to dispose of the Writ Petition directing the respondent not to take any coercive steps for demolition of the subject building except after putting the petitioner on notice and after giving him an opportunity of being heard.

The Writ Petition is, accordingly, disposed of. The miscellaneous petitions pending, if any, shall also stand disposed of. There shall be no order as to costs.

_________________________________ RAMESH RANGANATHAN, ACJ.

Date:27.10.2017.

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