Smt. M. Ratna v. The State Of Telangana

The Hon'ble Sri Justice M.Seetharama Murti Writ Petition No.44186 of 2017 Dated 22.12.2017 Order:

This Writ Petition is filed seeking the following relief: "to issue order, direction more particularly one in the nature of writ of Mandamus declaring the notice of 3rd respondent dated 14-12-2017, vide No.TPS/Cir-21/WZ/GHMC/2017, as illegal, arbitrary and contrary to the provisions of the Greater Hyderabad Municipal Corporation and Rules made thereunder apart from violation of principles of natural justice and Article 21 of Constitution of India and set aside the same and consequently direct the respondents their officials and staff not to demolish the premises No.6-20 on Plot No.20 admeasuring 291.0 Sq.yards in Survey Nos.119 to 125 and 130 to 140, covered under HUDA lay out, situated at Hafeezpet Village, Serilingampally Mandal, Ranga Reddy District."

(Reproduced verbatim) Learned Counsel for the petitioner would submit that the petitioner has submitted her explanation, dated 20-12-2017, to the impugned notice proposing steps for demolition of the subject property.

MSRM, J W.P.No.44186 of 2017 Date: 22-12-2017 authority not to take any steps for demolition of the subject property till such time, the ends of justice would be met. Mr.Sampath Prabhakar Reddy, learned Standing Counsel for Greater Hyderabad Municipal Corporation appearing for respondent Nos.2 and 3, endorses the said submissions. Recording these submissions, the Writ Petition is disposed of directing the 3rd respondent- Municipal authority to consider and dispose of the petitioner's explanation, dated 20.12.2017, in strict accordance with the procedure established by law, however, within four 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. It is made clear that till such exercise is completed, no coercive steps for demolition of the subject property shall be taken by the respondents and no further constructions shall be made thereon by the petitioner. Both the parties shall maintain absolute status quo till then.

As a sequel to disposal of the Writ Petition, Miscellaneous Petitions, pending if any, stand disposed of as infructuous. _____________________ (M.Seetharama Murti, J) Dt: 22nd December, 2017 lur