M.V.Reddy Prasad, v. The State Of Andhra Pradesh,

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.24352 of 2017 ORDER:

This Writ Petition is filed by the petitioner under Article 226 of the Constitution of India seeking to declare the action of the 2nd respondent in threatening to demolish by dispossessing the petitioner from the peaceful possession and enjoyment of the ongoing construction of the house property in Plot No.5, in Survey No.958/1A, admeasuring 4760 square feet, situated at Balaji Colony, Balajinagar, Tirupati, Chittoor District, without receiving the explanation in pursuant to the impugned show cause notice, dated 01.07.2017, as illegal, arbitrary, unconstitutional and against the provisions of law and contrary to the building permit order No.05/2015/G2, dated 18.10.2015, and consequently direct the respondents not to demolish by dispossessing the petitioner from the above mentioned property by receiving the explanation sought to be presented.

2.

Heard the learned counsel for both the parties and perused the material available on record. With the consent of learned counsel for both the parties, the writ petition is taken up for disposal at the stage of admission.

3.

The case of the petitioner is that the petitioner is the owner and possessor of the property in Plot No.5 in Survey No.958/1A of Tirupathi Municipality, admeasuring 4760 square feet, having purchased the same from the vendor of the petitioner Sri Balaji Co-operative House Building Society Ltd. on 30.07.1980 and since the date of purchase, the petitioner is in possession and

enjoyment of the said property. With a view to construct building, the petitioner applied for building permission to the 2nd respondent on 26.10.2015 and the 2nd respondent, after considering the documents, granted building vide Permit No.2015-TP-BAG2-0005, dated 26.10.2015. While so, on 01.07.2017, the 2nd respondent sent a show cause notice to the petitioner stating that the petitioner has violated the approved plan, rules and regulations of the Greater Hyderabad Municipal Corporation Act, 1955 (for short, 'the Act'), under Sections 440 and 452 and G.O.Ms.No.168, MA, dated 07.04.2012, and directed the petitioner to submit explanation to the 2nd respondent's office within a period of seven

(7) days from the date of receipt of the said notice as to why shall not remove illegal construction taken up by the petitioner and that if the petitioner fails to remove such construction, the 2nd respondent will take further action and that the petitioner is liable to meet the expenditure to be incurred by the 2nd respondent and liable for prosecution as per the Act.

4.

The main grievance of the petitioner is that the petitioner was served with the impugned show cause notice, dated 01.07.2017, only on the last date and hence, the petitioner could not be able to submit his explanation to the impugned show cause notice, dated 01.07.2017, and prays to extend the time for submitting his explanation to the impugned show cause notice. 5.

Learned counsel for the petitioner submitted that the petitioner is ready to place his explanation to the impugned show cause notice, dated 01.07.2017, on or before 15.08.2017 and that

the respondent authorities may be directed to receive the explanation submitted by the petitioner.

6.

Considering the circumstances of the case and the grievance of the petitioner, without expressing any opinion on merits, this Court is of the view that the writ petition can be disposed of with the following direction:

The petitioner is directed to submit an explanation to the impugned show cause notice, dated 01.07.2017, to the 2nd respondent on or before 15.08.2017 and on such explanation, the 2nd respondent is directed to consider the same and take appropriate decision, in accordance with law. Till such decision is taken, the 2nd respondent is directed not to take any coercive steps against the petitioner.

7.

With the above direction, the Writ Petition is disposed of. No costs. Consequently, Miscellaneous petitions pending, if any, shall stand closed.

___________________ RAJA ELANGO,J Date: 24th July, 2017 KL

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.24352 of 2017 Date: 24th July, 2017 KL