Vaishnavis Ananda Nilayam Residency Owners Welfare Association v. The State Of Telangana

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.22704 of 2018 ORDER:

Heard learned counsel for the petitioner and Sri Sampath Prabhakar Reddy, learned Standing Counsel, appearing for the respondents.

Notice bearing No.R8/TP/Cir-II/GHMC/2017, dated 16.06.2017, issued by the Deputy Commissioner, Circle-II, GHMC-third respondent herein, under Section 406 of the Hyderabad Municipal Corporation Act, 1955, calling upon the petitioner herein to show cause as to why action, for removal of the alleged unauthorised constructions, should not be taken, is under challenge. By virtue of the said notice, petitioner herein was asked to submit explanation. The material available on record further discloses that, on 14.11.2017, petitioner herein submitted an elaborate explanation, bringing to the notice of the respondents herein various aspects.

Since the explanation filed by the petitioner herein is pending consideration before the respondent authorities, this Court, after taking into consideration the submissions of the learned counsel for the petitioner as well as the learned Standing Counsel, deems it appropriate to dispose of the Writ Petition, with a direction to the respondents to verify the explanation, dated 14.11.2017, consider the same, and take further action in the matter.

It is open for the petitioner herein to submit further material, if any, within a period of one week from today. Till the said exercise attains finality, no coercive steps, pursuant to the impugned notice, shall be taken by the respondents herein. It is also made clear that no further construction shall be undertaken by the petitioner herein.

Accordingly, Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

___________________ A.V.SESHA SAI,J 11th July, 2018 Tsy