Telangana High Court
M/S Viswa Avenues Private Limited vs The State Of Telangana on 9 May, 2024
THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY
WRIT PETITION NO.13289 OF 2024
ORDER:
The writ petition is filed seeking following relief:
"......to issue an appropriate writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondent No.2 in issuing impugned notice dt 18.01.2024 and threatening to demolish pent house bearing Door Number 20M/651/SLR/501 in Plot No.651 situated at Matru Sri Nagar, Miyapur Village, Serilingampally Mandal, Ranga Reddy District in spite of the fact that pending application under BRS Scheme as illegal, arbitrary and violative of Articles 14, 21 and 300A of the Constitution of India and consequently direct the respondent No. 2 not to take any coercive steps against the petitioners pent house bearing Door Number 20M/651/SLR/501 in Plot No 651 situated at Matru Sri Nagar, Miyapur Village, Serilingampally Mandal, Ranga Reddy District until the order passed in BRS Application dt. 02.01.2016..."
2. The case of the petitioners is that petitioner No.1 entered into a registered Development Agreement vide document No.11203 of 2012, dated 05.09.2012 with one G.Srilaxmi, who was absolute owner and possessor of Plot No.651, admeasuring 389 square yards in Sy.No.44/1 situated at Matrushi Co-operative Housing Building Society in Block No.1, Miyapur Village, 2 CVBR, J Wp_13289_2024 Serilingampalli Mandal, Ranga Reddy District. It is the further case of the petitioner that respondent No.2 issued show cause notice vide No.UC/2908/C-21/TPS/GHMC/2024, dated 18.01.2024 to the owner of the said property and soon after receiving the same, the petitioner submitted an explanation, dated 24.01.2024 inter alia stating that the building construction was completed within permitted period and sold out the flats to the prospective purchasers and subsequently, the developer constructed a pent house over the fourth Floor in the year, 2013 which was assessed to property tax by the respondent authority vide assessment No.1219989880 and allotted the door No.20- M/651/SLR/501. It is further stated in the explanation that the petitioner has submitted an application, dated 02.01.2016 seeking for regularization under the Building Regularisation Scheme introduced by the State Government and requested the respondents to defer for initiation of any action pursuant to the show-cause notice, till consideration of the BRS application. The grievance of the petitioner in this writ petition is that without 3 CVBR, J Wp_13289_2024 considering the explanation submitted by the petitioner, the respondents are contemplating action for removal of the alleged un-authorised constructions.
3. Sri M.A.K.Mukeed, learned Standing Counsel appearing for the respondents has vehemently contended that the petitioner is not entitled to proceed with the construction of pent house un authorisedly, which is in violation of the building rules framed in G.O.Ms.No.168, Municipal Administration, dated 07.04.2012 and even if the B.R.S. application submitted by the petitioner seeking regularization of the said construction under the Scheme is not applicable to the petitioner's construction. It is further submitted that since the writ petition is filed questioning the show-cause notice, the writ petition is not maintainable and prays to dismiss the writ petition.
4. It is the case of the petitioner that he has submitted a detailed explanation to the show-cause notice, dated 18.01.2024, the ends of justice would be met if the respondents are directed to consider the explanation/representation, dated 24.01.2024 4 CVBR, J Wp_13289_2024 submitted by the petitioner to the said show-cause and pass appropriate orders duly taking note of the BRS application submitted by the petitioner is pending. Till the decision is taken by the respondents on the explanation submitted by the petitioner to the show-cause notice, the respondents are directed not to take any coercive steps against the petitioner's property.
5. With the above observations, this writ petition is disposed of. No order as to costs.
6. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
________________________ C.V. BHASKAR REDDY, J Date: 09.05.2024 gkv/sus