M/S Golden Homes And Infracture Developers v. The State Of Telangana

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.44605 OF 2018 ORDER:

The present writ petition came to be filed seeking to declare the action of the respondents 2 and 3 in issuing notice dated 28.11.2018 and thereby attempting to demolish the building situated in Plot No.153 situated at Sy.No.44/1 of Sharilingampally, Hyderabad, without therebeing any deviations and without following due process of law, as illegal and arbitrary.

Though various grounds are raised, learned counsel for the petitioner submits that pursuant to the notice dated 28.11.2018, issued by the respondents 2 and 3, petitioner has submitted his explanation enclosing all the relevant documents on 3.12.2018 requesting the authorities not to interfere with the subject premises, but the respondent-authorities, without passing any orders, are making attempts to demolish the structures in the subject premises. Sri Sampath Prabhakar Reddy, learned Standing Counsel for the Corporation, would submit that the respondent-authorities, may be directed to pass appropriate orders on the explanation of the petitioner, in accordance with law, at the earliest.

Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the respondent-authorities, to deal with the explanation dated 3.12.2018, submitted by the petitioner requesting the authorities not to interfere with the subject premises and pass appropriate orders, in accordance with law as early as possible, preferably within a period of three to six to eight weeks from the date of receipt of copy of this order by giving reasonable opportunity of hearing to the petitioner and all concerned. Till such time, the respondentauthorities shall not take any coercive steps of demolition of structures

in the subject premises, except following the procedure established under law. 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:10.12.2018.

Gk

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.44605 OF 2018 Date:10.12.2018 Gk