Telangana High Court
Khaja Abdul Malik Alias Chand, vs The State Of Telangana on 11 March, 2024
Author: T. Vinod Kumar
Bench: T. Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
WRIT PETITION No.12506 of 2023
ORDER:
This Writ Petition is filed to declare the action of respondent Nos.4 and 5 in not considering the representation of the petitioner dated 22-10-2022 and not initiating action to remove/demolish the unauthorized structures and illegal constructions raised by respondent Nos.6 to 21 on the part of land of petitioner to an extent of Ac.1.07 gts in Sy.Nos.267/A/2, 268, 269/A and 271/A/5 situated at Thimmapur Revenue village Sivar, Khila Warangal, Warangal District, despite repeated complaints, as illegal, arbitrary and unconstitutional and violative of Article 14, 21 and 300-A of Constitution of India.
2. Heard Sri Ponampelli Ravi, learned counsel representing Sri Rapolu Bhaskar, learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing on behalf of respondent Nos.1 and 2, learned Government Pleader for Revenue appearing on behalf of respondent No.3, Sri S.Surender Reddy, learned Standing Counsel appearing on behalf of respondent Nos.4 and 5 and Sri A.Sharath Chandra, learned counsel appearing on behalf of 2 respondent Nos.6 to 21 and perused the record. With the consent of learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal.
3. The case of the petitioner in brief is that the unofficial respondents had encroached into his land to an extent of Ac.1.07 guntas in Sy.Nos.267/A/2, 268, 269/A and 271/A/5 situated at Thimmapur Revenue village Sivar, Khila Warangal, Warangal District and started making constructions therein.
4. It is the further case of petitioner that on the unofficial respondents encroaching on to his land and making constructions illegally, he had approached the respondent authorities and submitted various representations including representation dated 22-10-2022, and in spite of the aforesaid representations, no action is taken, and the unauthorized and illegal constructions made therein have not been removed/demolished.
5. Per contra, learned Standing Counsel appearing on behalf of respondent Nos.4 and 5 submits that the Authorities have already initiated action against the unauthorized and illegal constructions made in respect of land in Sy.Nos.267/A/2, 268, 269/A and 271/A/5 situated at Thimmapur Revenue village 3 Sivar, Khila Warangal, Warangal District by issuing notices to the respective parties.
6. Learned Standing Counsel further submits that after issuing show cause notices, the Authorities have also held personal hearings on two occasions; and that the respondent authorities have to pass orders therein by considering the respective submissions made during the course of personal hearings.
7. Learned Standing Counsel further submits that the authorities would take further action in the matter by passing speaking orders after considering the explanation submitted by the unofficial respondents to the show cause notices issued.
8. Learned counsel appearing on behalf of the unofficial respondents, on the other hand, submits that constructions have been made long back. Learned counsel further contends that there exists a well developed residential area with roads, street lights, drainage and other civic amenities having been provided by respondent Nos.4 and 5, and thus, it is not open for the petitioner or respondent authorities to claim that the constructions, as having been made, without obtaining any permission from the Authorities and hold that the said 4 constructions of the unofficial respondents to be unauthorized and illegal.
9. Learned counsel appearing on behalf of unofficial respondents further submits that some of the unofficial respondents have not been issued with notices and thus, the claim of the Authorities of granting an opportunity of hearing enabling them to pass order would be in violation of principles of natural justice.
10. I have taken note of respective contentions urged.
11. Firstly, it is to be noted that mere longevity of existence of any construction made without obtaining any permission or sanction from the concerned authority would not make the construction made otherwise legal.
12. The respondent authorities having initiated action by issuing notice by affording the opportunity of personal hearing on two occasions, it is incumbent on the part of the respondent authorities to pass orders thereon by considering the explanation submitted by the unofficial respondents during said personal hearing held and also any submissions made in writing, by following due process of law.
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13. Insofar as the claim of the learned counsel appearing on behalf of unofficial respondents that some of the unofficial respondents have not been issued with any notice for the authorities to take further action, this Court is of the view that respondent Nos.4 and 5 should be directed to issue notice to unofficial respondents, if the unofficial respondents have made construction without obtaining permission or sanction from the concerned authorities and take further action thereon by following due process of law.
14. In view of the above, the 4th respondent authority is directed to take further action whereby notices are issued and personal hearings are held, by passing a speaking order in accordance with law, and wherein notices are not issued to the unofficial respondents, the respondent authorities shall initiate necessary action by issuing notices calling for explanation and thereafter pass order by considering the explanation submitted by the unofficial respondents/noticees and take further action strictly in accordance with law.
15. Subject to the above directions, the Writ Petition is disposed of. No costs.
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16. As a sequel, miscellaneous petitions pending if any shall stand closed.
___________________ T. VINOD KUMAR, J Date: 11.03.2024 Vsv