Mehmooda Banu v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.15539 of 2018 ORDER:

Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development and Sri Neeli Ashok Kumar, learned Standing Counsel for GHMC.

According to the petitioner she is the absolute owner and possessor of the house bearing Municipal No.8-4-68/3/1, plot No.4 in Sy.Nos.47 to 52 admeasuring 278 sq.yards situated at Ali Nagar, Mailardevpally village, GHMC, Rajendranagar Circle, Ranga Reddy District, having purchased the same by way of registered Agreement of Sale-cum-General Power of Attorney, dated 16.11.2016, vide document No.10854/2016. The Deputy Commissioner, Circle No.11(old-6), GHMC, Hyderabad-third respondent herein issued a notice, under Section 406 of the Hyderabad Municipal Corporation Act, 1955 vide proceedings No.G-15/LS/Nala/ACP11/TPS/SZ/GHMC, dated 10.04.2018. In response to the said notice, petitioner herein submitted an explanation on 16.04.2018. It is submitted by the learned counsel for the petitioner that, without considering the contents of the said explanation, dated 16.04.2018, the GHMC authorities are trying to demolish the subject construction.

Having heard the learned counsel for the petitioner and the learned Standing Counsel and in the facts and circumstances of the case, this Court deems it appropriate to dispose of the Writ Petition with a direction to the GHMC authorities to consider the explanation, dated 16.04.2018, said to have been submitted by the petitioner herein, in response to the notice, dated 10.04.2018, issued by the third respondent and pass appropriate orders, strictly in accordance with law, after giving an opportunity of personal hearing to the petitioner herein. Till the said exercise attains finality, status quo, with regard to the subject property, shall be maintained. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

__________________ A.V.SESHA SAI,J 04th June, 2018 Tsy