K.Ravindar, v. The Mahabubabad Municipality,
HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY W.P. No. 27132 OF 2012 ORDER :
This writ petition is filed assailing the proceedings in Roc.No.G1/1302/2012, dated 27.07.2012 passed by the respondent whereby revoking the building permission dated 12.04.2012, directing the petitioner not to proceed with the construction and directed to remove construction already made. Heard Sri A.Prabhakar Rao, learned counsel for the petitioner as well as Sri N.Praveen Kumar, learned Standing Counsel for the respondent-Municipality. Learned counsel for the petitioner submits though show-cause notice is issued and petitioner filed reply, without considering the same, the present impugned orders are passed, which is in violation of the principles of natural justice. A perusal of the proceedings 27.07.2012, except stating that reply is not satisfied, no reason is assigned as to why the permission granted to the petitioner is revoked and that there was also a direction to remove the construction already made. The impugned order is not supported with reasons. It is also stated by the learned counsel for the petitioner that he has already completed construction.
In view of the same, as no reasons are recorded in the impugned order, the same is hereby set aside and the respondent may pass fresh orders after considering the reply given by the petitioner and also after giving an opportunity of hearing to the petitioner.
Accordingly, the writ petition is allowed. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any pending in this writ petition, shall stand dismissed.
_________________________ A.RAJASHEKER REDDY, J
08.06.2015.
KVS
HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY
W.P.No.27132 OF 2012 Date: 08-06-2015
KVS