G. Balaiah v. The State Of Telangana

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 29000 of 2018 ORDER:

1) Heard learned counsel for the petitioner, learned Government Pleaders for Municipal Administration and Revenue and Sri N.Praveen Kumar, learned Standing Counsel appearing for respondent No.3.

2) The present writ petition came to be filed questioning the action of the respondents in threatening the petitioner to demolish the structure located in the premises of the petitioner bearing No.5-8-1, Priya Delux Road, Opp: Old NH-7 Road, Kamareddy, without following due process of law.

3) The main ground urged by the learned counsel for the petitioner is that though the impugned notice is titled as show cause notice, but the operative portion of the said notice mandates the petitioner to remove the encroachment, within seven days, failing which action would be taken as per the Telangana State Municipalities Act, 1965.

4) Learned Standing Counsel for Municipality would submit that the petitioner may be directed to submit explanation to the show cause notice dated 10.08.2018, in which event, the authorities will deal with the same, at the earliest.

5) Having regard to the facts in issue, the writ petition is disposed of directing the petitioner to give an explanation to the show cause notice dated 10.08.2018, within ten days from today, by treating the said show cause notice as notice, in which event, the authorities shall deal with the same, in accordance with law, as early as possible, preferably within a period of two weeks thereafter. 6) Miscellaneous petitions, pending if any, including the Vacate Stay Petition shall stand closed in the light of this final order. No order as to costs.

______________________________ JUSTICE C. PRAVEEN KUMAR 31.10.2018 vhb