Md Abdul Shaji v. The State Of Telangana

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.37875 OF 2016 Dated:03.11.2016 Between:

MD. Abdul Shaji, S/o. Mohd. Abdul Rasheed, Aged about 55 years, Occ: President, Managing Committee Dargah Hzt. Shah Mohammed Saheb and Mahaboob Pasha Majzoob, Sadasivapet Town and Mandal, Sanga Reddy District .. Petitioner And The State of Telangana, rep., by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.37875 OF 2016 ORDER:

The petitioner challenges the notice, dated 01.11.2016, issued by the 2nd respondent - Municipality.

2.

A perusal of the notice under challenge would show that it is a show cause notice calling upon the petitioner to explain as to why action should not be taken against the unauthorised construction made by him and he was granted only three days time to submit his explanation.

3.

Since the impugned notice is only a notice issued to the petitioner calling upon him to submit his explanation, this Court is not inclined to entertain the Writ Petition at this stage. Without going into the merits of the case, the Writ Petition deserves to be dismissed.

4.

However, having regard to the fact that in the notice only three days time is granted to the petitioner to submit his explanation, in my considered opinion, the petitioner shall be granted a reasonable time. Therefore, the petitioner is granted one week time from today to submit his explanation to the notice dated 01.11.2016. However, all the contentions are kept open. 5.

Subject to the above observation, the Writ Petition is dismissed. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:03.11.2016 KH