Mohd. Rahamath Ali v. The State Of Telangana

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.No.28366 of 2018 ORDER:

Heard the learned counsel for the petitioners, the learned Government Pleader appearing for Respondents 1 to 4 and Sri N.Praveen Kumar, learned Standing Counsel for Respondent No.5.

2.

Notice bearing No.G/TPS/01/2018-19 dated 2.8.2018 issued by the 5th respondent under the provisions of Sections 192 and 194 of Telangana Municipalities Act, 1965 is under challenge in the present writ petition. 3.

Consequent upon the orders passed by this Court, the 5th respondent issued the impugned notice, asking the petitioners to submit relevant ownership documents within (7) days from the date of receipt of the notice while informing that in the event of failure to do so, appropriate action will be taken as per law under Sections 192 and 194 of Telangana Municipalities Act, 1965.

4.

It is stated in the affidavit filed in support of the writ petition that the petitioner filed explanation on 6.8.2018 before the 5th respondent, but no action has been taken on the said representation. 5.

Since the matter is pending consideration before the 5th respondent, this Court deems it appropriate to dispose of the writ petition with a direction to the 5th respondent to enquire into the matter by taking into consideration the contents of the explanation dated 6.8.2018 said to have been submitted by the petitioners herein and pass final orders strictly in accordance with law. Till the final orders are passed, no coercive action shall be taken with regard to subject structures pursuant to the impugned notice. It is also made clear that the petitioners shall not make any further constructions. 6.

The writ petition is accordingly disposed of. As a sequel, the miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.

______________ A.V.SESHA SAI, J Date: 9.8.2018 DA

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.No.28366 of 2018 9.8.2018 DA