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High Court for State of TelanganaWP/25819/2019disposed of no costs

Smt. Syeda Sabera v. The Government Of Telangana And 2 Others

2019-11-22A.Rajasheker Reddy3 pages

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No. 25819 OF 2019 O R D E R :

This writ petition is filed challenging the action of the 3rd respondent in seeking to demolish the residential house of the petitioner situated at H.No.30-152/10/15/A, Sy.No.425 to an extent of 108 Sq.Yards, Subhash Nagar, Old Safilguda, Malkajgiri GHMC Circle & Mandal, Medchal-Malkjgir District, by issuing notice dt.14.11.2019, without considering the explanation of the petitioner dt.09.10.2019 and for a consequential direction to the respondents not to demolish/dispossess or interfere with the possession and enjoyment of aforementioned property of the petitioner.

Learned Counsel for the petitioner submits that though the petitioner has filed his explanation on 09.10.2019 and the same was acknowledged by the respondents' office, in the impugned notification dt.14.11.2019, the Assistant City Planner has stated that the petitioner has not filed explanation as directed by this Court in WP.No.21941 of 2019, dated 01.10.2019.

Heard learned Standing Counsel appearing for respondents 2 and

3. He also states that petitioner has filed explanation. When the petitioner filed explanation, it is not known why the same is not considered before issuing impugned notice dt.14.11.2019 passed and pasted on the premises of the petitioner.

In view of the aforesaid facts and circumstances, since the learned Standing Counsel admitted that the respondents have received the explanation of the petitioner, the competent authority is directed to consider the same and pass appropriate orders as directed in the earlier writ petition. Till considering of the explanation of the petitioner, no coercive steps shall be taken.

Accordingly, the writ petition is disposed of. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending in the writ petition, shall stand closed.

___________________________ A.RAJASHEKER REDDY, J 22.11.2019 t k.

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No. 25819 of 2019 22.11.2019 tk