M/S. Bonfire Drive Inn v. The Greater Hyderabad Municipal Corporation

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.38929 OF 2018 ORDER:

The present writ petition came to be filed seeking to declare the action of the 3rd respondent in trying to demolish the temporary sheds erected without any concrete base or slab at Plot No.184, Kauveri Hills, Phase-2, Madhapur, Hyderabad, without any notice or otherwise following the due process of law as being illegal and arbitrary. Sri Sampath Prabhakar Reddy, learned Standing Counsel for the respondents, would submit that a notice alleged to have been issued to the petitioner on 23.10.2018 and in spite of issuing the said notice, the petitioner herein proceeded with the construction without obtaining any permission from the concerned authorities. The same is disputed by the learned counsel for the petitioner stating that no such notice was issued to the petitioner earlier.

Having regard to the above, the notice dated 23.10.2018, shall be treated as a show-cause notice, to which, the petitioner shall submit his explanation, within a period of one week from today, in which event, the respondent-authorities shall deal with the same and pass appropriate orders, in accordance with law, as early as possible, preferably within a period of three to four weeks from the date of submission of the explanation, by giving reasonable opportunity of hearing to the petitioner and all concerned. Till such time, neither the petitioner shall proceed with the construction nor the respondent-authorities, shall take any coercive steps of removal of any construction in the subject premises. No order as to costs.

As a sequel to disposal of the writ petition, WP.M.Ps if any pending shall stand closed.

_________________________ C. PRAVEEN KUMAR, J Dated:30.10.2018.

Gk

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.38929 OF 2018 Date:30.10.2018 Gk