Champion Manufacturing Company v. The State Of Of Telengana

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.30296 of 2017 ORDER:

Heard Smt.Kalpana Ekbote, learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development (Telangana) for respondent No.1, Sri Sampath Prabhakar Reddy, learned Standing Counsel for respondent Nos.2 and 3 and Sri L.Prabhakar Reddy, learned Standing Counsel for respondent No.4.

2.

notice bearing No.05-01/UC/W.no.118/CIRCLE23/WZ/GHMC/2017, dated 08.08.2017, issued by the third respondent is under challenge in the present writ petition. 3.

According to the learned counsel for the petitioner, the action initiated by respondent Nos.2 and 3 - Greater Hyderabad Municipal Corporation is totally without jurisdiction.

4.

On the other hand, it is submitted by the learned Standing Counsel for respondent Nos.2 and 3 that the notice impugned in the present writ petition is only a show cause notice and it is open for the petitioner to submit its explanation and it would be considered and appropriate action would be taken strictly in accordance with law. 5.

Learned counsel for the petitioner submitted that the petitioner submitted a representation on 24.08.2017, after receipt of the impugned show cause notice.

6.

Since the notice impugned is only a show cause notice and as the petitioner has liberty to submit its explanation denying the allegations in the show cause notice, this Court is not inclined to adjudicate the issue raised in the present writ petition. Having heard

the learned counsel for both sides, this Court deems it appropriate to dispose of the present writ petition, by permitting the petitioner to submit its explanation to the impugned show cause notice dated 08.08.2017, within a period of one week from the date of receipt of a copy of this order. If any such explanation is submitted by the petitioner within the time stipulated, the same be considered and appropriate orders be passed thereon strictly in accordance with law, after hearing the petitioner. Till then, no coercive action, pursuant to the impugned notice dated 08.08.2017, shall be taken by the respondents.

7.

With the above observations, the writ petition is disposed of. Miscellaneous petitions pending, if any, shall stand closed. No order as to costs.

____________________ A.V. SESHA SAI, J Date: 08.09.2017 TJMR