High Court for State of TelanganaWP/13764/2015disposed of no costs

Sri. Shujauddin v. The State Of Telanganan,

2015-04-30A.Rajasheker Reddy2 pages

THE HONOURABLE SRI JUSTICE A. RAJASHEKER REDDY W.P.No.13764 of 2015

ORDER

Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration for respondent No.1 and Sri P. Krishna Reddy, learned Standing Counsel for respondents 2 and 3.

2. This writ petition is filed challenging the notice dated 22.04.2015 issued under Sections 452(1) and 461(1) of Hyderabad Municipal Corporation Act, 1955, wherein the petitioner was directed to submit a copy of sanctioned plan along with a copy of registered ownership documents and also submit a statement in writing or by an agent duly authorized in this behalf and to show cause as to why the unauthorized construction of mulgies and erection of shutters shall not be removed, within seven days from the date of receipt of the said notice.

3. Learned counsel for the petitioner submits that even before submitting an explanation to the said show cause notice by the petitioner, the respondents are trying to demolish the property in question. He further submits that the petitioner is in possession of valid documents with regard to the said property.

4. As seen from the record, it is not the case of the petitioner that the impugned notice was issued without any jurisdiction, as such, this Court is not inclined to quash the same. However, it is open to the petitioner to submit his explanation/objection to the show cause notice dated 22.04.2015 along with necessary documents, within a period of three weeks from today and thereafter, the respondent concerned shall consider the same and take a decision thereon. Till such decision is taken, status quo obtaining as on today shall be maintained. If the petitioner does not submit his explanation/objection within the stipulated period, the respondents shall proceed further in

accordance with law.

5. With the above direction, the Writ Petition is disposed of. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

________________________ A. RAJASHEKER REDDY, J.

30th April, 2015 Note:

Issue CC tomorrow (Bo) sj