K. Satyanarayana, v. The State Of Telangana,

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI Writ Petition No.39109 of 2017 ORDER:

This writ petition, under Article 226 of the Constitution of India, is filed by the petitioner, seeking the following the relief: " For the reasons stated in the accompanying affidavit the petitioner herein prays that this Hon'ble Court may be pleased to issue a writ or direction more particularly one in the nature of writ of Mandamus declaring that the action of the respondent No.4 in issuing the impugned notice to the petitioner under Section 406 of HMC Act, 1955, vide proceedings Notice No.3/ TP/ Cir-11/ GHMC/ 2017 Dated 06-06-2017 for the demolition of the petitioner's house No.2-25/ 6/ 2/ 3, situated in Sy.No.

116 at Indira Nagar, Gachibowli, Hyderabad without any prior show cause notice is illegal, improper, against the principles of natural justice, and violation of fundamental rights of the petitioner guaranteed under Constitution of India, and set aside the same. And consequently direct the respondents herein not to interfere with the peaceful possession of the said petitioner's house without due process of law, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice." [Reproduced verbatim] 2.

I have heard the submissions of Sri N.Saida Rao, learned counsel appearing for the petitioner; learned Government Pleader for Municipal Administration & Urban Development appearing for the 1st respondent; and of Sri Sampath Prabhakar Reddy, learned Standing Counsel appearing for GHMC. I have perused the material record.

3.

Learned counsel for the petitioner would submit that to the impugned notice, dated 06.06.2017, a detailed explanation/ representation, dated 31.10.2017, was given by the petitioner and that if the petitioner's explanation/ representation is separately considered and disposed of, in

MSRM, J W.P.no.39109 of 2017 accordance with the procedure established by law, the ends of justice would be met.

4.

Sri Sampath Prabhakar Reddy, learned Standing Counsel appearing for respondents 2 to 4 endorses the said submission. 5.

Recording the said submissions, the writ petition is disposed of directing the 4th respondent to consider and dispose of the explanation/ representation, dated 31.10.2017, of the petitioner separately in strict accordance with the procedure established by law, however, within a period of two weeks from the date of receipt of a copy of this order; and, communicate the decision taken thereon to the petitioner within a week thereafter. There shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand closed. __________________ M.Seetharama Murti, J 04.12.2017 Note:- Issue CC within three days (B/ o) RAR

MSRM, J W.P.no.39109 of 2017