Telangana High Court
Azam vs Estate Officer,Station Commandant, ... on 2 September, 2022
Author: K. Lakshman
Bench: K. Lakshman
HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.24363 OF 2009
ORAL ORDER:
This Writ Petition is filed to call for the records in Form 'A' in Notice No.3995/1/AF/CAW/A/Q3L, dated 18.09.2009 issued by respondent to the petitioners and other connected records and to quash the said impugned notice by declaring it as illegal.
2. Perusal of the record would reveal that the respondent had issued the aforesaid show-cause notice dated 18.09.2009 requesting the petitioners to submit their explanation on or before 01.10.2009 as to why an order of eviction should not be made. Challenging the same, the petitioners have filed the present writ petition.
3. According to the petitioners, the schedule premises is not a 'public premises' as defined under Section - 2(d) the Telangana Public Premises (Eviction of Unauthorised Occupants) Act, 1968 and it is a leased premises let out by MCH. However, it is only a show-cause notice, the petitioners can as well submit explanation to the said show- cause notice taking the aforesaid contention. Instead of submitting explanation, they have filed the present writ petition challenging the very said show-cause notice itself.
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KL,J W.P. No.24363 of 2009
4. It is also relevant to note that in similar circumstances this Court vide order dated 04.01.2016 in W.P. No.24700 of 2009 and batch had disposed of the writ petitions granting liberty to the petitioners to submit explanation to the show-cause notice within a period of three (03) weeks. The petitioners herein are also standing on the very same footing, and to maintain parity, they are also entitled for the same relief.
5. In view of the above said discussion, without going into the merits of the case, the present Writ Petition is disposed of granting liberty to the petitioners to submit their explanations to the said show- cause notice, dated 18.09.2009 within a period of three (03) weeks from today. In which event, the respondent has to consider the same and pass appropriate orders after hearing the petitioners herein within ten (10) weeks thereafter. Till the said exercise is completed, the interim order dated 11.11.2009 passed by this Court shall continue. However, in the circumstances of the case, there shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.
_________________ K. LAKSHMAN, J 02nd September, 2022 Mgr