Kallem Goutham Reddy v. The State Of Telangana
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF DECEIVBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETITION NO. 24526 OF 2020 Between:
Kallem Goutham Reddy, S/o. K.l,4ahipal Reddy, Aged about 31 years, Occ: Business, R/o. Plot No.17. Bhagya Nagar Colony, Ramp'allyVillage & Grainpanchayat, Keesara Ir,'landal. ,[r,4ed.cha l-lr,4alkajg iri District. presently residing a] H. No.2-9-.165/2, Vikas Nagar, Hanamakonda, Warangal District.
AND ...PETITIONER
1. The State of Telangana, Rep. by its Principal Secretary, IVlunicipal Administratjon Department, Secretariat Buildings, Hyderabad.
2. The N^agaram Municipality, Nagaram, lVedcha l-l\,4a lkajg iri District, Represented by its Commissioner.
...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in nature of Writ of lr,4andamus declaring the notice in No.Gl/1394/IMCN/2020, dated 24.12.2020 issued by the respondent No.2 for demolition of the structure constructed by the petitioner as arbitrary, illegal, abdication of the statutory duty cast on him and violative of the fundamental rights guaranteed to the petitioner under Articles 14, 19,21 and 300-A of the Constitution of lndia and consequently set-aside the notice in No,G1 /1 394/MCN/2020, dated 24.12.2O2O.
lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the afiidavit filed in support of the petition, the High Court may be pleased to suspend the notice in No.Gl/1394/MCN/2020, dated 24.12.2020 issued by the respondent No.2, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI SANJEEV GILLELA Counsel for the Respondent No.1: cP FOR MUNIGIPAL ADMINISTRATTON AND URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI N. PRAVEEN KUMAR, S.C. FOR MUNICIPALITIES The Court made the following: ORDER
THE HON.BLE SRI JUSTICE A.ABHISHEK REDDY w T ET TIO 2 52 of 20 ORDER:
Heard learned counsel for the petitioner' learned Government Pleader for Municipal Adminlstration and Urban Development for respondent No' 1 and learned Standing Counsel for respondent No 2 With their consent' the Writ Petition is disposed of at the stage of admission itself' The present writ petitron is filed by the petitioners aggrieved by the action of the respondent No'2 in issuing the Notice dated 24'12'2020 for demolition of structures constructed by the petitioner' Learnedcounselforthepetitionerstatesthatthepetitionerhas atreadysubmittedadetailedexplanationtothenoticedated24'L2'2020'and therefore, the responden$ may be directed to take into consideration the explanation submitted by the petitioner before taking any action' Learned Standing Counsel, on instructions' has stated that only after consideringtheexplanationsubmittedbythepetitionerandpassingthefinal orders, necessary steps wlll be taken in accordance with law' in view of the above made submrssion' the Writ Petition is disposed of dlrecting the competent authority to consider the explanation stated to have been submitted by the petitioner, and pass necessary orders strictly on melts,inaccordancewithlaw,asexpeditiouslyaspossible'preferablywithin a period of four weeks from the date of receipt of a copy of this order' A copy of the order shall be communicated to the petitioner' The miscellaneous petitions pending' if any' shall stand closed There shall be no order as to costs'
SD/.K.AMMAJI ASSISTANT REGI9TRAR 16\,/ SECTION OFFICER //TRUE COPY// \ To,
1. The Principal Secretary, Municipal Administration Depadment, state of Telanqana, Secretariat Buildings. Hyderabad.
Z. fne Ctmniis.ioner, Nagaram Muniiipality, Nag_a_ram, lr,4edchal-lValkajgiri District. 3, One CC to Sri Sanjeev Gillela, Advocate IOPUC]
4. i*; CCs to,Cp foi Vunicipii Administration and Urban Development, High Court for the State of Telangana at Hyderabad. [OUT] S. One CC to Sri N. Praieen Kum-ar, S.C. For lr/unicipalities (OPUC)
6. Two CD Copies.
,\-f'.\ IVP
HIGH COURT DATED:31 11212020 \ tE Sta /G z C) .L 12 JAI{ mzt o
ORDER
* [.si t:9 t) WP.No.24526 of 2020 DISPOSING OF THE WRIT PETITION WITHOUT COSTS "r)'\y