V. Shilpa Reddy v. The State Of Telangana, And Another

THE HON' BLE SRI JUSTI CE CHALLA KODANDA RAM WRI T PETI TI ON No.17548 of 2019 ORDER:

The petitioner is aggrieved of the action of 2nd respondent in issuing Notice dated 20.07.2019 proposing to demolish her farm house in Survey No.66/EE of Vattinagulapally Village, Rajendranagar Mandal, Ranga Reddy District. Heard learned counsel for the petitioner, and the learned Standing Counsel appearing for the respondents.

As can be seen that the impugned proceedings is the notice issued under Section 228(1)(2) of the Telangana Municipalities Act, 1965, and in the notice it was alleged that the petitioner was making illegal and unauthorized construction of Ground Floor on Survey No.66/EE by violating the orders of G.O.Ms.No.111, and also G.O.Ms.No.168, MA, dated 07.04.2012.

It is the assertion of the petitioner that she submitted explanation on 06.08.2019 and that she is making constructions in accordance with the sanctioned plan dated 27.02.2019, and therefore the allegation of violation of G.O.Ms.No.111 and G.O.Ms.No.168 is not tenable.

In the light of specific assertion of the petitioner, and considering that the petitioner had already submitted explanation to the impugned notice on 06.08.2019, the writ petition is disposed of with a direction to the respondent authorities not to take any coercive action without passing final orders by considering the specific explanation submitted by the petitioner and also giving opportunity of personal hearing, if necessary, as required under law. No costs. Miscellaneous petitions, if any pending, shall stand closed. _____________________ CHALLA KODANDA RAM, J 16th August, 2019 KSM

THE HON' BLE SRI JUSTI CE CHALLA KODANDA RAM WRI T PETI TI ON No.17548 of 2019 16th August, 2019 KSM