Telangana High Court

WP/26875/2006 of V.Krishana, Vs The Municipal Corporation of Hyderabad, on 26 December 2006

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SRI JUSTICE P.S.NARAYANA Writ Petition No.26875 of 2006 Date: 26th December, 2006 Between :- V.Krishna and others .. Petitioners And The Municipal Corporation of Hyderabad, Rep. By its Commissioner, Tank Bund road, Hyderabad and another .. Respondents THE HON'BLE SRI JUSTICE P.S.NARAYANA Writ

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THE HON'BLE SRI JUSTICE P.S.NARAYANA

Writ Petition No.26875 of 2006

thDate: 26December, 2006

Between :-

V.Krishna and others

Petitioners

AndThe Municipal Corporation of Hyderabad,Rep. By its Commissioner, Tank Bund road, Hyderabad and another Respondents ..

..

THE HON'BLE SRI JUSTICE P.S.NARAYANAWrit Petition No.26875 of 2006

-ORDER:

The matter is coming up for admission.

2. Smt. Jyoti Kiran, the learned standing Counseltakes notice on behalf of respondents.

3. The Writ Petition is filed for a Writ of Mandamusdeclaring the action of the respondents as illegal, highhandedness, arbitrary and in violation of principles ofnatural justice in issuing the noticeNo.82/UC/W8/SD/MC/2003 dt.22-12-2006 and set asidethe same and pass such other suitable orders.

4. It is stated that the mother of the petitioners was theowner of the premises bearing No.8-3-29/35 admeasuring83 square yards and she obtained building permission forconstruction of the Ground + 2 floors on 27-1-2001. It isalso stated that even though there is no necessity toobtain permission for the area below 100 square yards,her mother obtained permission for the purpose ofobtaining house loan. It is also stated that not only thepetitioners, the petitioners’ neighbour and the members ofthe colony had constructed their respective buildingsGround + 2 upper portions without any specific buildingpermission as their respective plot areas are below 100

sq.mts. It is further stated that at the instance ofpetitioners’ neighbour, the respondent-Corporation issuednotice dated 22-12-2006 to show cause withinthree days as to why the unauthorized construction of thepetitioners not to be demolished. The said notice wasserved on 22-12-2006. Several other factual details arealso narrated in the affidavit filed in support of the WritPetition.

5. In view of the facts and circumstances, this Court isof the considered opinion that the impugned notice, whichis issued, to be treated as show-cause notice and thepetitioners are given liberty to raise objections to theimpugned notice within a period of two weeks and therespondents to consider such objections which would beraised by the petitioners and pass appropriate orders inthis regard and till the further action is taken, status quo ason today to be maintained.

6. The Writ Petition is disposed of accordingly. Noorder as to costs.

________________

Justice P.S.Narayana

26[th] December, 2006

NOTE:- Operative portion of the order

by wire at party’s costs.

(B/o.smr)

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