← Library
High Court for State of TelanganaWP/19885/2016disposed of no costs

Sri. Tejalal Patel, v. State Of Telangana, Rep By Its Principle Secretary,

2016-06-22C.Praveen Kumar2 pages

THE HON'BLE SRI JUSTICE PRAVEEN KUMAR WRIT PETITION No. 19885 of 2016 ORDER:

Heard learned counsel for the petitioners, Government Pleader for Municipal Administration and Urban Development and Sri Chatla Madhu, learned Standing Counsel for G.H.M.C. With the consent of both the parties the writ petition is taken up for disposal at the admission stage itself.

The present writ petition is filed with the following prayer: "Issue a writ of mandamus declaring the action of the third respondent in trying to demolish the structures raised in premises No.6-1-317, Venkatapuram Colony, Padmarao Nagar, Secunderabad, as illegal, arbitrary and against the provisions of GHMC Act; and consequently restrain them from anyway interfering and demolishing the structures pending disposal of BRS application of the petitioners." The grievance of the petitioners is that though they gave reply dated 27.01.2016 the respondent authorities issued notice under Section 452 (1) and 461 (1) of Hyderabad Municipal Corporation Act. Pursuant to the said notice, the petitioners again made a representation dated 17.06.2016.

But without considering the same, the authorities are trying to take steps for demolition of building in dispute. The same is denied by the learned Standing Counsel for the respondent stating that anything done by the respondent authorities would be in accordance with law and that no steps for demolition will be taken till the disposal of the representation made by the petitioners.

Recording the statement made by the learned Standing Counsel for the Corporation, the respondent authorities are

directed not to take any steps for demolition of the building in question, except in accordance with law and pass orders on the representation dated 17.06.2016 made by the petitioners pursuant to the notice dated 13.06.2016, as expeditiously as possible, preferably within a period of four (04) weeks from the date of receipt of a copy of the order. No order as to costs. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_____________________ JUSTICE PRAVEEN KUMAR 22.06.2016 gkv