Karne Ravinder Reddy v. The State Of Telangana

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.No.29209 of 2018 O R D E R:

Heard the learned counsel for the petitioners and Sri Sampath Prabhakar Reddy, learned Standing Counsel for the respondent Municipal Corporation.

2.

In the present writ petition, challenge is to the show-cause notice issued by the Commissioner, GHMC, Hyderabad/second respondent herein bearing File No.5961/TPS/C3/EZ/GHMC/2018-1/611 and File No.5962/TPS/C3/EZ/GHMC/2018-2/611 dated 24.07.2018. By way of the said show-cause notices, the second respondent Commissioner called upon the petitioners herein to show-cause as to why building permission issued in favour of the petitioners herein vide Permit No.3/C3/07654/2018 dated 03.05.2018 in File No.3/C3/05961/18 and Permit No.3/C3/07656/2018 dated 03.05.2018 in File No.C3/05962/18, respectively, should not be cancelled.

3.

In response to the show-cause notices, according to the petitioners, they submitted an elaborate explanation denying the contents of the show-cause notice issued by the Commissioner, GHMC, Hyderabad/second respondent herein.

4.

Though a number of contentions have been urged by the learned counsel for the petitioners and with regard to the title of the petitioners touching the very action of the respondents in issuing the impugned notice, since the explanation/reply dated 02.08.2018 is pending consideration before the second respondent, this Court deems it appropriate to dispose of

the writ petition with a direction to the Commissioner, GHMC, Hyderabad/second respondent herein to consider the explanation/reply dated 02.08.2018 submitted by the petitioners herein and to pass appropriate orders, after giving notice and opportunity of hearing to all the stake holders including the petitioner herein. Till the final orders are passed after the said exercise, no coercive action in respect of the subject constructions shall be taken by the respondent authorities pursuant to the impugned notice dated 24.07.2018. It is made clear that the petitioner herein shall cooperate with the respondent authorities for such enquiry. 5.

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

______________ A.V.SESHA SAI, J Date:16.08.2018 grk

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.No.29209 of 2018 Dated: 16.08.2018 grk