Piska Laxminarayana v. The State Of Telangana,

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.31743 of 2016 ORDER:

Heard learned counsel appearing for parties. The petitioner challenges notice dated 08-09-2016 on various factual and legal grounds.

On 20-09-2016, this court has granted stay of all proceedings, pursuant to notice dated 08-09-2016.

The 5th respondent has filed petition to vacate the interim order.

The 4th respondent filed counter affidavit opposing the consideration of writ prayer at this stage of the matter. I have perused the material available on record and one aspect of the objection raised by the petitioner namely that without putting the petitioner on notice of all the objections, secondly without conducting proper enquiry in determining the exact deviations, a notice for demolition is directly issued by the 4th respondent Gram Panchayat.

Learned Standing Counsel to ensure fairness in action and also to act on the complaint given by 5th respondent submits that the notice impugned in the writ petition can be treated as a showcause notice, the petitioner can be given 15 days time from today to submit explanation and the 4th respondent Gram Panchayat will consider and pass appropriate orders, if necessary, after conducting enquiry in this behalf.

The statement is placed on record.

Without going into the merits, the writ petition is disposed of by this order.

The petitioner by enclosing a copy of this order within 15 days from today submits explanation to 4th respondent. The petitioner is further directed not to undertake further constructions at subject property till a decision is taken and finalized.

To avoid further deliberation on this aspect, the petitioner is directed to file photographs of existing structures before 4th respondent within three days from today. The 4th respondent, it is needless to observe, conducts enquiry as is required in this behalf and takes a decision objectively.

Till a decision is taken and communicated, the demolition or dispossession of petitioner is stayed.

The writ petition is disposed of accordingly. No order as to costs.

Miscellaneous petitions pending, if any, shall stand closed. ______________ S.V.BHATT, J Date:26-10-2016 Prv

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.31743 of 2016 Dated 26-10-2016 Prv