Telangana High Court
Sri. Shaik Ibrahim vs State Of Telangana on 12 September, 2023
Author: T. Vinod Kumar
Bench: T. Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
WRIT PETITION No.25340 of 2023
ORDER:
In this Writ Petition, the petitioners have assailed the proceedings No.02273/HMDA/LPC/NGT/O.A.No.3/21/2021 dated 11-08-2023 received on 21-08-2023 whereby the objections of the petitioners to the preliminary notification bearing No.1404/HMDA/EE / L&P / 2013-14/10 dated 23-07-2014 were reject3ed and list of lakes was updated as final notification, without causing enquiry or hearing, as being illegal, arbitrary and without jurisdiction and violative of principles of natural justice and contrary to the directions of this Court in W.P.No.14410 of 2023 dated 09-06-2023.
2. Heard learned counsel for petitioners, learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1, Sri V.Narasimha Goud, learned Standing Counsel appearing for respondent Nos.2, 3 and 7, learned Government for Irrigation appearing for respondent No.4, learned Government Pleader for Revenue appearing for respondent No.5 and Sri K.Ravinder Reddy, learned Standing Counsel appearing for 2 respondent No.6, and perused the record. With their consent, the present Writ Petition is taken up for hearing and disposal at the admission stage.
3. The issue involved in the Writ Petition is with regard to the respondent-authorities issuing the impugned notification without putting the petitioners on notice.
4. Petitioners contend that pursuant to the order of this Court in W.P.No.14410 of 2023 dated 09-06-2023, a meeting was convened at the office of respondent No.3 on 24-07-2023 and thereafter the matter was adjourned to 26-07-2023.
5. Petitioners further contended that on 26-07-2023, though the meeting was scheduled, as the Convener was not present, the matter was adjourned and petitioners were informed that next date of hearing would be communicated.
6. It is also contended by petitioners that on 28-07-2023, they had sought for certain information from the respondent authorities to enable them to address the basis of the respondents treating the land as falling in Full Tank Level/Buffer Zone of the Mazid Bandla lake of Kondapur (v), Serilingampally (M), Ranga Reddy District. 3
7. Petitioners contend that the respondents sent notice dated 26- 07-2023 calling upon the petitioners to present before them on 31- 07-2023 through Speed Post on 01-08-2023 and the same was received by the petitioners on 02-08-2023 i.e. after the date fixed for their appearance in the notice dated 26-07-2023 is over. Thus, the petitioners contend that they have been deprived of an opportunity of personal hearing. Thus, it is contended that the impugned order is passed in violation of principles of natural justice.
8. Though the petitioners have raised other issues with regard to the correctness or otherwise of the claim of respondents as to the lands that are being claimed by them are falling in Full Tank Level/Buffer Zone of Mazid Bandla lake, this Court refrains itself from going into merits of the said claim, inasmuch as it is shown to this Court that the notice by which the petitioners were called upon to appear before the Authority on 31-07-2023 itself has been sent on subsequent date.
9. Sri V.Narasimha Goud, learned Standing Counsel does not dispute the fact that the notice dated 26-07-2023 was in fact 4 dispatched by Speed Post on 01-08-2023, by which time the date fixed for appearance of petitioners was already over.
10. Having regard to the above, as the petitioners did not have the opportunity to appear before the Authorities on 31-07-2023 on account of intimation of the said date of hearing having been sent subsequent to the said date of hearing, this Court is of the view that the impugned order has been passed in violation of principles of natural justice and thus cannot be sustained.
11. At this stage, learned Standing Counsel submits that instead of this Court remitting the matter back to the authorities directing to issue notice afresh, this Court may fix a date directing the petitioners to appear before the 3rd respondent.
12. In response to the above said submission of the learned Standing Counsel, learned counsel for petitioners submits that the petitioners had sought for certain information from respondent No.3 vide letters dated 28-07-2023 and 03-08-2023, and in the absence of respondents furnishing the information as desired by them under the above letters, the petitioners could not place their defence effectively.
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13. Learned Standing Counsel submits that the information, as sought by petitioners under the above letters, is vague and if petitioners approaches the Authorities and submits a fresh representation by specifying the information which they seek, the same would be furnished.
14. On the above submissions being made by learned Standing Counsel to this Court, learned counsel for petitioners submits that they will submit a fresh representation duly specifying as to what documents the petitioners require from the respondent authorities on or before 14-09-2023.
15. Learned Standing Counsel appearing for respondent Nos.2, 3 and 7 submits that on petitioners submitting the representation by 14-09-2023, the respondent-authorities would furnish the said information/documents to the petitioners on or before 16-09-2023.
16. Learned counsel appearing for petitioners submits that on respondent-authorities furnishing the information as sought by them by 16-09-2023, the petitioners will appear before respondent No.3 authority on 23-09-2023 at 2.30 p.m. to make its submissions. 6
17. Learned counsel appearing for petitioners waives issuance of further notice to petitioners either with regard to approaching the respondent No.3 for furnishing of information as sought for from the respondents as well as their appearance before the 3rd respondent for hearing as fixed by this Court, on 23-09-2023 at 2.30 p.m.
18. Upon the petitioner submitting his objection to the preliminary notification if any and appearing before the 3rd respondent authority on 23.09.2023 at 2:30 p.m. for personal hearing as agreed to by the parties, the respondents shall consider the objections of the petitioners to the preliminary notification and pass orders thereon in accordance with law.
19. Accordingly, the Writ Petition is allowed; the impugned order dated 11-08-2023 is hereby set aside; and the matter is remitted back to respondent No.3 for fresh consideration as mentioned above. No costs.
20. It is made clear that this Court has not expressed any view on the merits of the claims of the contesting parties. 7
As a sequel, miscellaneous petitions pending if any shall stand closed. No costs.
___________________ T. VINOD KUMAR, J Date: 12.09.2023 Vsv