Smt. Meeripally Latha v. The State Of Telangana Rep. By Its Principal Secretary,

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.37166 OF 2016 O R D E R:

Heard learned counsel for the petitioner and Ms. P. Lakshmi, learned Standing Counsel for Respondents 2 and 3 The petitioner claims to be the owner of plot admeasuring 82.08 square yards in Survey No. 757 situated at Rangapet, Hanamkonda (M) of Warangal District. Her grievance is that Respondents 2 and 3 have demolished the compound wall of her plot and the structures belonging to her neighbours, on the ground of encroachment of nala and further, they are trying to dispossess her from the above said plot without issuing any prior notice. Hence, the present Writ Petition.

Learned counsel appearing for the parties fairly submit that the issue involved in this writ petition is similar to the one raised in Writ Petition No. 34149 of 2016 and batch, wherein this Court, by order dated 30.09.2016, passed the interim order, the operative portion of which reads as under:

"i. issue notices to all persons/firms/companies who are suspected or alleged to have constructed buildings or structures on Nalas or tank beds;

ii. disclose the material available with the respondent authorities along with such notices that the constructions are in locations warranting demolition;

iii. give two weeks time from the date of receipt of such notice to the persons/firms/Corporations who are alleged to have built the said structures or tank beds/nalas to respond to such notices or vacate the said premises; and

iv. then pass a reasoned order why the demolition is justified."

In the light of the guidelines framed by this Court in the above said order, the respondent-Corporation shall issue notice to the petitioner and call for explanation by providing reasonable time to submit the explanation. After submitting the explanation, the respondent-authorities, shall consider the same and pass appropriate orders and if really there are any violations as per the sanctioned plan, the respondent-corporation may take action in accordance with law. However, no further constructions shall be made by the petitioner without obtaining permission from Greater Hyderabad Municipal Corporation.

Subject to the above, the Writ Petition is disposed of. No costs.

Consequently, the miscellaneous Applications, if any, shall also stand disposed of.

______________________________ CHALLA KODANDA RAM, J 01st November 2016 ksld