Enjapelli Rajarathnam v. The State Of Telangana And Another

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 23626 OF 2019 O R D E R :

This Writ Petition is filed seeking a direction to the 2nd respondent - Commissioner, Bhupalpally Municipality not to demolish the rooms in the petitioner's plot in Survey No. 410/A/1 to a total extent of 194 square yards situated at Bhupalpally Nagara Panchayat, bounded as North : Nagara Panchayat Road, South : Md. Moohammed plot, East : plot of Donthula Bikshapathi and West : Plot of J. Laxmi.

The case of the petitioner is that on 07.09.2019, the respondent authorities came with their officials and tried to demolish two rooms laid temporarily with asbestos sheet construction. He therefore, gave complaints / representations to the 2nd respondent on 07.09.2019 and 11.09.2019. Thereafter, the 2nd respondent, at the behest of Smt. Nandikonda Shobha Rani, had issued the petitioner notices dated 21.09.2019 and 30.09.2019 stating that the construction of ACC shed is without permission, alleges the petitioner. He therefore, requests that if an opportunity is given, he would make payment for granting permission for construction of house in the subject premises. Heard learned counsel for the petitioner as well as Sri N. Praveen Kumar, learned Standing Counsel for the Municipality.

Since the petitioner's case is the representations dated 07.09.2019 and 11.09.2019 submitted to the 2nd respondent have not been considered yet, without going into merits of the matter, it

would be appropriate to direct the latter to consider and dispose of the same.

The Writ Petition is therefore, disposed of directing the 2nd respondent to consider and dispose of the representations dated 07.09.2019 and 11.09.2019 of the petitioner in accordance with law and communicate the decision taken thereon to him. Till such time, the 2nd respondent is directed not to demolish the structures raised by the petitioner in the subject premises. No costs. Consequently, the miscellaneous Applications if any shall stand closed.

____________________________ CHALLA KODANDA RAM, J 29th October 2019 ksld