High Court for State of TelanganaWP/5591/2017disposed of no costs

Smt. Pallapu Laxmi, v. Greater Hyderabad Municipal Corporation,

2017-02-17Challa Kodanda Ram3 pages

HONB'E SRI JUSTICE CHALLA KODANDARAM WRIT PETITION No.5591 OF 2017 ORDER:

The writ petition is filed challenging the action of the respondents in proceeding with the demolition of the property of the petitioner bearing M.I.G.H.No.26-746/6082, Plot No.80, situated at Manmole Village, Ramachandrapuram Mandal, Medak District Even as per the writ affidavit averments, the petitioner is the absolute owner and possessor of the above said property and surprisingly the 2nd respondent had issued a notice dated 20.01.2017 under Sections 452(1) and 461(1) of the Hyderabad Municipal Corporation Act, 1955 (for short, "the Act"), alleging that the petitioner has made unauthorized constructions violating the provisions of the Act. Hence, the present writ petition.

The contention of the learned counsel for the petitioner is that the petitioner had submitted her explanation on 28.01.2017 and without considering the same and without passing any orders, the respondents are making efforts to proceed with the demolition of the building of the petitioner.

Learned standing counsel opposes the writ petition. Having considered the submissions made at the bar and considering the submission made by the learned counsel for the petitioner that the respondents did not consider the representation of the petitioner, the writ petition is disposed of directing the respondent-authorities to consider and pass appropriate orders on the representation dated 28.01.2017 of the petitioner in accordance with law within a period of two weeks from the date of receipt of copy of the order. Till then, the respondent-authorities shall not take any

coercive steps towards demolition of the building of the petitioner. It is also made clear that the petitioner shall not make any further constructions in the meanwhile.

With the above observations, the writ petition is disposed of. No order as to costs.

Miscellaneous petitions, if any pending in this writ petition shall stand closed.

____________________________ CHALLA KODANDA RAM,J Date:17.02.2017, Note:

Issue CC forthwith.

B/o.

Gk.

HONB'E SRI JUSTICE CHALLA KODANDARAM WRIT PETITION No.5591 OF 2017 Date:17.02.2017 Gk