Katakam Pullaiah, v. The State Of Andhra Pradesh, Rep. By Its Principal Secretary

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.34941 OF 2016 ORDER:

Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration appearing for respondent No.1 and learned Standing Counsel for Municipal Corporation appearing for respondent No.2.

2.

The petitioner is aggrieved by notice dated 24.09.2016 issued under Section 452 of the Hyderabad Municipal Corporation Act, 1955 and Section 115 (1) of the Andhra Pradesh Capital Regional Development Authority, 2014 calling upon him to submit explanation as to why unauthorised construction made by him be not demolished. The petitioner claimed to have submitted his explanation on 14.10.2016. So far no orders are passed by the respondents. The petitioner apprehends that the respondents would demolish the construction made by the petitioner even before orders are passed.

3.

Since no orders are passed on the notice issued to the petitioner for which he has already submitted his explanation and the notice was validly issued by the competent authority, the Writ Petition is not maintainable at this stage.

4.

Hence, the Writ Petition is dismissed. However, it is needless to mention that the respondents shall not take any coercive action against the petitioner until final orders under Section 636 of the Hyderabad Municipal Corporation Act, 1955

are passed considering the explanation submitted by the petitioner. There shall be no order as to costs. Miscellaneous petitions, if any, filed in this Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:17.10.2016 KH