THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.238 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. Mohammed Rahail Ahmed, learned
counsel for the appellants; Mr. Pasham Krishna Reddy,
learned Government Pleader for Municipal Administration
and Urban Development Department representing
respondent No.3; and Mr. M.Durga Prasad, learned
Standing Counsel for respondents No.4, 5, 6 and 7.
2. This writ appeal is directed against the order dated 20.09.2022 passed by the learned Single Judge disposing of W.P.No.35496 of 2022 filed by respondents No.1 and 2 as the writ petitioners.
3. Respondents No.1 and 2 had filed the related writ petition assailing the inaction of respondents No.3 to 7 in demolishing illegal construction of the appellants in 2 property bearing H.Nos.11-21-17 and 11-21-17/1, PTIN No.1031101822 and 1031103919 situated at N.T.R Nagar, Road No.1, L.B.Nagar, Saroornagar Mandal, Ranga Reddy District (referred to as 'the subject property' hereinafter) and further sought a direction to the said respondents to forthwith demolish the illegal construction.
4. In the course of the hearing before the learned Single Judge, learned Standing Counsel for Greater Hyderabad Municipal Corporation (GHMC) submitted that the GHMC had issued notices to the appellants on 25.04.2022 and 05.05.2022 under Section 452 of the Greater Hyderabad Municipal Corporation Act, 1955 (briefly, 'the GHMC Act' hereinafter). He had also submitted before the learned Single Judge that the GHMC would take further steps in accordance with law within a period of two weeks.
5. Recording the submissions of learned Standing Counsel for GHMC, learned Single Judge disposed of the writ petition by directing the GHMC to take further steps in accordance with law within a period of two weeks. 3
6. Learned counsel for the appellants submits that though appellants were arrayed as respondent Nos.7 and 8 in the writ proceedings, no notice was issued to them by the learned Single Judge. Consequently, they had no opportunity to defend themselves before the learned Single Judge.
7. Learned Standing Counsel for GHMC submits that against the notices issued by the GHMC under Section 452 of the GHMC Act and subsequent notices, appellants have already instituted W.P.No.41331 of 2022 before this Court which is pending, but there is no stay. On the other hand, appellant No.2, namely, Md. Tayyab Khan, and another have filed W.A.No.63 of 2023 against the same order dated 20.09.2022. The factum of filing the said writ appeal by appellant No.2 has not been disclosed in the memo of the present appeal.
8. Be that as it may, having regard to the order passed by the learned Single Judge, we are of the view that the 4 GHMC while acting on the impugned notices shall give due opportunity of hearing to the appellants and thereafter proceed in accordance with law. Therefore and in the circumstances, we see no reason to interfere with the finding rendered by the learned Single Judge.
9. Writ appeal is accordingly dismissed.
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ UJJAL BHUYAN, CJ ______________________________________ N. TUKARAMJI, J 27.02.2023 vs