M.Rajasekhar Reddy v. The State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.18917 OF 2017 ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:- "to issue a writ, order or direction, more particularly one in the nature of a Writ of Mandamus declaring the action of second respondent in seeking to demolish the building of the petitioner situated at S.No.105/P of Kompally Village, Medchal-Malkajgiri District vide impugned order No.17/MDCL/U/C/Plg/HMDA/2017 dated 04.05.2017 without passing orders on petitioner's reply dated 12.05.2017 as arbitrary and illegal and set aside the same."

2.

The main grievance of the petitioner is that respondent No.2 herein is trying to demolish the aforesaid building of the petitioner without considering his reply, dated 12.05.2017. 3.

Learned Standing Counsel appearing for respondent No.2 submitted that when respondent No.2 called the petitioner to produce the valid permission for construction of the aforesaid building, the petitioner has not submitted the same and he has proceeded with the construction and hence, it necessitated respondent No.2 to issue the impugned notice. 4.

Learned counsel for the petitioner submitted that the petitioner has already submitted a reply on 12.05.2017 to the authorities and without considering the same, the impugned order was passed and hence, prays this Court to direct respondent No.2

to consider the reply, dated 12.05.2017, of the petitioner and pass appropriate orders. He also informed that the petitioner is ready to pay penalty in order to obtain a fresh permission for the ongoing construction and that he will not proceed with the construction till an order is passed by the authorities.

5.

Considering all the facts and circumstances of the case and the grievance of the petitioner, respondent No.2 is hereby directed to consider the reply, dated 12.05.2017, of the petitioner and pass appropriate orders in accordance with law on or before 20.07.2017. The petitioner is also directed to produce all relevant documents and inform the respondents about his intention to pay the penalty, if any. Till then, respondent No.2 is directed not to take any coercive steps against the subject property of the petitioner.

6.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

7.

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

_________________________ JUSTICE RAJA ELANGO Date : 13.06.2017 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.18917 OF 2017 Date: 13.06.2017 AMD