Smt. Maddi Saritha v. The State Of Telangana

HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION No.32532 of 2022 O R D E R:

This writ petition is filed seeking the following relief: " ... to issue a writ order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the 2nd respondent in issuing Lr.No.G1/695/PAM/2022-7 dt.15.07.2022, directing the petitioner to submit the documents i.e., Registration documents, sanction plan and proceeding if any or to remove the unauthorized construction shed/room in respect of the property in H. No. 5-1/A, in Sy. No. 90, 91 of Tattiannaram Village, Ranga Reddy District within (7) days as illegal, arbitrary, violative of principles of natural justice and against all settled principles of law and set aside the same and consequently direct the respondents to not to interfere with the peaceful possession of the petitioners property bearing H. No. 5-1/A, in Sy. No. 90, 91 of Tattiannaram Village, Ranga Reddy District and pass such other orders or reliefs as this Hon'ble Court deems fit and proper in the interests of justice. 2.

Sri B.Chandrasen Reddy, learned Senior Counsel, representing Smt.B.Namrata Reddy, learned counsel for the petitioners, submits that a show-cause notice dated 15.07.2022 is issued to the petitioners why the unauthorized construction should not be removed and directed the petitioner to submit explanation within seven days, otherwise further action will be taken departmentally. He submits that the petitioners have filed explanation on 09.08.2022. Without passing any final

orders, the respondent Municipality highhandedly tried to demolish the structure.

3.

Sri N.Praveen Kumar, learned Standing Counsel, submits that the respondent Municipality has received the explanation given by the petitioners and they will consider the same and pass final orders. As stated by the petitioners, the respondent Municipality is not taking any coercive steps and they will follow the due process of law. 4.

Recording the submission of learned Standing Counsel, this Writ Petition is disposed of directing the respondent Municipality not to interfere with the petitioners' construction activity, without following due process of law and without passing final orders. No order as to costs.

Miscellaneous applications, pending if any, shall stand closed. __________________________ LALITHA KANNEGANTI, J August 16, 2022 mar