D.Premsagar, v. State Of Telangana,

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.44570 of 2016 O R D E R:

It is the case of the petitioner that he purchased Flat No.5, First Floor, MIG, Block No.74, A.P.H.B.Colony, Weddepalli, Hanamkonda, under the Hire Purchase System from the then A.P.Housing Board. A deed of sale was executed on 25.05.2012. The property was assessed to tax and he is paying tax. While so, respondent No.2 issued the impugned notice bearing No.121/ TP/ Circle No.XVI/ W.No.48/ Dilptd Bldgs/ GWMC/ 2016 dated 30.11.2016 stating that premises bearing No.2-6-342 situated at Housing Board Colony is in dilapidated and dangerous condition and asking the petitioner to vacate the same within three days, failing which departmental action will be taken for pulling down the said structure. Challenging the same, the present writ petition is filed.

Heard the learned counsel for the petitioner, learned Government Pleader for the 1st respondent and Smt.P.Lakshmi, learned Standing Counsel for the 2nd respondent. The learned counsel for the petitioner submits that the procedure prescribed under Section 456 of the Greater Hyderabad Municipal Corporation Act, 1955 (for short 'the Act') was not followed in issuing the impugned notice. He further submits that the structure was not more than 25 years old and it is not in a dilapidated condition.

Section 456 of the Act enables the Commissioner to issue notice to the owner or occupier of the structure, if the structure is in

dilapidated condition to pull down, to secure, to remove or to repair such structure or thing and to prevent all causes of danger therefrom. A reading of the impugned notice shows that the Engineering Department came to the conclusion that the house is in dangerous and in dilapidated condition.

In view of the rival claims made by the petitioner and respondents, this Court is not in a position to examine the validity of the notice at this juncture and hence liberty is given to the petitioner to submit his explanation within seven days along with the required proof showing that the house is not in dilapidated condition. Thereupon, the Commissioner shall hear the petitioner with regard to his stay in the house and pass appropriate orders. Till final orders are passed, no further action shall be taken by the Commissioner pursuant to the notice dated 30.11.2016.

This writ petition is accordingly disposed of. It is needless to say that as and when the petitioner approaches the respondents under the Right to Information Act for a copy of the report of the Engineering Department, the same shall be furnished to him forthwith. No costs.

Pending miscellaneous petitions, if any, shall stand dismissed in consequence.

__________________________ A. RAMALINGESWARA RAO, J Date: 22.12.2016 pab