Kolluri Michael v. The Commissioner, Warangal Municipal Corporation,

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.10771 OF 2015 ORDER :

This writ petition is filed declaring the action of the 1st and 2nd respondents in issuing the impugned show-notice No.10/UC/W.No.04/CIR/WMC/2015, dated 16.03.2015 under Sections 452 (2) of Hyderabad Municipal Corporation Act, 1955, as illegal and arbitrary. It is the case of the petitioner that he was issued notice under Sections 452 (1) and 461 (1) of the Hyderabad Municipal Corporation Act, 1955, dated 02.03.2015 by the 2nd respondent-Deputy Commissioner to show cause as to why the deviated portion/unauthorized construction shall not be removed, altered or pulled down. The petitioner has filed explanation to the said notice on 13.03.2015, but without considering the same, the 1st respondent issued the impugned notice dated 16.03.2015 and trying to demolish the property of the petitioner. Aggrieved by the same, the present writ petition is filed. Heard Sri A.Sameer Kumar, learned counsel for the petitioner as well as Smt. Pingali Lakshmi, learned Standing Counsel for the respondent Corporation.

Since the petitioner had already submitted explanation on 13.03.2015 to the show-cause notice dated 02.03.2015, it is for the competent authority to consider the explanation of the petitioner and take appropriate action in accordance with law. Till a decision is taken on the explanation of the petitioner in pursuance to impugned notice dated 02.03.2015, status quo obtaining as on today shall be maintained.

With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. ____________________________ A.RAJASHEKER REDDY, J

24.04.2015 kvs.

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY

WRIT PETITION No.10771 OF 2015 Date: 24.04.2015 kvs