Telangana High Court
Bojja Venkateshwar Rao vs The State Of Telangana on 28 January, 2022
Author: P. Madhavi Devi
Bench: P. Madhavi Devi
THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI
WRIT PETITION NO.4892 OF 2022
ORDER
This Writ Petition is filed by the petitioner seeking a Writ of Mandamus declaring the action of the respondents in trying to demolish the Northern side balcony of the first floor of the building at Door No.3-3-44 (new) & 3/405 (old) at Tailors Street, Hanmakonda, Warangal District, Telangana State as illegal, arbitrary and contrary to the Telangana Municipalities Act.
2. It is stated by the learned counsel for the petitioner, Sri Polisetti Radha Krishna, that the petitioner is the owner and possessor of an old house bearing Door No.3-3-44 (new) and 3/405 (old) at Tailors Street, Hanmakonda, Warangal District and the petitioner has demolished the same and constructed a new house therein as per the sanctioned plan dt.09.09.2020. It is submitted that on 22.06.2021, the 2nd respondent Corporation has issued a notice to the petitioner to remove the deviated portion in the building constructed by him. It is submitted that the petitioner has submitted his explanation on 26.06.2021 and also requested the respondents to indicate the deviation portions as the allegation of deviation is uncertain. The respondents have not taken any action on the explanation of the petitioner. However, in the month of December, 2021, the respondents have come to the premises of the W.P.No.4892 of 2022 2 petitioner and have demolished certain portions of his building without indicating the deviations and they are trying to demolish the ground floor portion including the staircase and balcony on the Northern side of his building.
3. Learned counsel for the 2nd respondent submitted that one Mr. Bojja Arjunsena has given a complaint against the construction being made by the petitioner and the respondents are not taking any action against the petitioner, to the Lokayuktha, Hyderabad and since the Lokayuktha has issued a notice to the respondents, they had to take action against the illegal construction made by the petitioner. She submitted that there are various deviations in construction of the building, i.e., though the petitioner has taken permission for residential house, he has constructed commercial shops by putting shutters on the ground floor, which is not in accordance with the sanctioned plan.
4. After hearing both sides, it is noticed that though the petitioner has sought clarifications as to the deviations committed by him, for which action is sought to be taken by the respondents, no notice has been given to the petitioner with regard to the said deviations.
5. In view of the same, it is felt necessary to direct respondent No.2 to issue notice to the petitioner within a week from the date of receipt of a copy of this order as to the deviations committed by the petitioner and on receipt of such notice, the petitioner shall submit his W.P.No.4892 of 2022 3 explanation within a period of two weeks thereafter and on the explanation being received from the petitioner, respondent No.2 shall dispose of the said explanation by way of a speaking order and take action in accordance with law. Till such time, no further coercive steps such as demolition shall be taken by respondent No.2.
6. With the above directions, the Writ Petition is disposed of. No order as to costs.
7. Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed.
___________________________ JUSTICE P. MADHAVI DEVI Date: 28.01.2022 Svv