K.Ramakrishna Reddy v. State Of Telangana

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.42553 of 2018 ORDER:

1) Heard.

2) The present writ petition came to be filed seeking issuance of writ of mandamus declaring the action of respondent Nos. 2 and 3 and its officials in interfering with construction activity of the petitioner over the plot bearing Nos.392 and 393 in Survey Nos.55, 56, 57, 58, 60 and 117, each plot admeasuring 166 square yards totally 333.32 square yards, situated at Nizampet village, Qutubullapur, Rangareddy District, as arbitrary and illegal.

3) Though various grounds are raised, learned counsel for the petitioner would submit that without giving an opportunity of giving explanation, the impugned order came to be passed, directing the petitioner to remove the alleged unauthorized construction over the said plot, within three weeks. 4) Learned Standing Counsel would submit that by treating the impugned order as notice, the petitioner may be directed to submit his explanation, within a period of one week, in which event, the authorities concerned shall pass appropriate orders within ten days to one week thereafter.

5) Having regard to the above, treating the impugned order as show cause notice, the petitioner shall submit his

explanation to the said order, for the unauthorized constructions made contrary to the permission granted, within a period of one week from 03.12.2018, in which event, the authorities concerned shall pass orders, within a period of ten days thereafter. Till such time, the authorities shall not interfere with the property in dispute and at the same time, the petitioner also shall not make any further constructions in the said plot.

6) Accordingly, the writ petition is disposed of. 7) There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending if any, shall stand closed. _______________________________ JUSTICE C. PRAVEEN KUMAR Dt: 30.11.2018 vhb