Telangana High Court
WP/28374/2008 of Smt. V.Raja Rajeswari, Vs Greater Hyderabad Municipal Corporation, on 26 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 28374 of 2008 Between: Smt. V.Raja Rajeswari, W/o.V.Murali Krishna, R/o.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)
FRIDAY, THE TWENTY SIXTH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADAWRIT PETITION NO : 28374 of 2008
Between:
Smt. V.Raja Rajeswari, W/o.V.Murali Krishna, R/o. 8-2-293/174/A/16, Road No.14, B.N.Reddy Clony, Banjara Hills, Hyderabad.
..... PETITIONER
AND
Greater Hyderabad Municipal Corporation, Rep by its Dy.Commissioner,Alwal cirlce, G.H.M.C. at Alwal, Ranga Reddy District.
.....RESPONDENT
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will bepleased to to issue writ or direction preferably writ of mandamus declaring thenotice issued by the respondents dated 17-12-2008 under Sec.452 of H.M.C.Act, 1955 as illegal, arbitrary and violative of principles of natural justice andconsequently direct the respondents and their staff not to take any coercivesteps including demolition of the structures of the petitioners property beingplot No.102 admeasuring 116.66 sq.yards or equivalent to 97.52 sq.meters inSy.Nos.157 and 158 situated at Raghava Kalyan estates in Block No.9 WardNo.5 of Yapral (V) Alwal Municipality, Malkajgiri (M) Ranga Reddy District,and pass Counsel for the Petitioner:MR.KOWTURU VINAYA KUMAR
Counsel for the Respondent No.: R.RADHA KRISHNA REDDY(SC FORGHMC,SNCZONE)
The Court made the following :
THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADAWRIT PETITION No.28374 of 2008
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ORDER:
1 Questioning the show cause notice dated 17.12.2008 issued underSection 452 of the Hyderabad Municipal Corporation Act, 1955 petitionerapproached this Court and filed the present Writ Petition.
2 Heard both sides.
3 Having regard to the fact that the said notice, which is impugned in thisWrit Petition is only a show cause notice, it is always open to the petitioner tooffer his detailed explanation. Instead of doing so, the petitioner approachedthis Court and filed the present Writ Petition stating that even if there are anydeviations, since he has already given a representation as early as on14.07.2008 itself, seeking regularization of the said unauthorizedconstructions, the authorities, instead of disposing of the said representationand authorize the constructions, issued the impugned notice.
4 In view of the contention raised by the petitioner, this Court is of theview that this Writ Petition can be disposed of at the stage of admission,without going into the merits of the case, such as whether the constructionmade by the petitioner is authorized or unauthorized one, inasmuch as thenotice impugned in this Writ Petition is only a show cause notice, the petitioner can as well submit his explanation thereto and it is open to therespondent authorities to dispose of the same in accordance with law.
5 In the result, the Writ Petition is disposed of directing the petitioner tooffer his explanation to the show cause notice dated 17.12.2008 within aperiod of one week from today and the respondent authorities are directed topass appropriate orders thereon, in accordance with law, within a period offour weeks thereafter. It is open to the petitioner to bring it to the notice of therespondent authorities about the building regularization applicationpresented on 14.07.2008. Till the explanation presented by the petitioner isconsidered, no coercive steps, such as, demolition shall be undertaken bythe respondents. No order as to costs.
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26.12.2008 SRIT.G.K, J.kvsn