M/S Mm Developers v. The State Of Telangana

HON'BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION NO.25143 OF 2019 ORDER:

The present Writ Petition is filed to declare the action of the 3rd respondent in interfering with the petitioner's constitutional rights pursuant to the notice No.G1/126/UL/PAM/2019-20 dated 04.11.2019, as being arbitrary and illegal.

Heard the learned counsel for the petitioner and the learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1, Sri Narsimha Goud, Standing counsel for respondent No.2, Sri N. Praveen Kumar, Standing Counsel for respondent No.3 and learned Government Pleader for Revenue appearing for respondent Nos. 4 and 5.

Learned Counsel for the petitioner would submit that though the impugned proceeding is termed as notice, in effect it is an order inasmuch as the authority has already predetermined the issue by virtue of the directions contained therein. Learned Counsel would further submit that respondent Nos. 6 to 10 in the present writ petition had approached this Court earlier by filing W.P. No.19469 of 2019 against the draft lay out letter No.023095/ GHT/LT/U6/HMDA/2904/2019 dated 15.07.2019 issued to the petitioner, wherein this Court by interim order dated

13.09.2019 suspended the proceedings in pursuance of the draft lay out letter dated 14.07.2019.

It is stated that on account of the interim orders passed by this Court in the above Writ Petition, the 3rd respondent has issued the impugned order and taking steps to demolish the developments that has taken place prior to this Court passing interim order suspending the draft lay out proceedings dated 14.07.2019.

Learned Standing Counsel submits that the 3rd respondent authority is not taking any steps for demolition of the existing development that has been undertaken by the petitioner prior to passing of the interim order by this Court. Having regard to the categorical submission made by the counsel for 3rd respondent before this Court as above, no further direction or order is required to be passed by this Court in the present writ petition. The petitioner is also directed not to take up any further construction in contravention of the orders of this Court in W.P. 19469 of 2019.

With the above observation and direction, the Writ Petition is disposed of. No costs.

The miscellaneous petitions pending, if any, shall also stand dismissed.

_____________________ T. VINOD KUMAR, J Date: 14.11.2019.

MRKR