THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.333 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. S.Chakrapani, learned counsel for the
appellant; Mr. Pasham Krishna Reddy, learned Government
Pleader for Municipal Administration and Urban Development
Department for respondent No.1; Mr. S.Surender Reddy,
learned Standing Counsel for Greater Warangal Municipal Corporation for respondent Nos.2 and 3; and Mr. P.Bhaskar, learned counsel for respondent No.4/writ petitioner.
2. This writ appeal is directed against the order dated 23.02.2023 passed by the learned Single Judge disposing of Writ Petition No.5123 of 2023 filed by the 4th respondent as the writ petitioner.
3. 4th respondent had filed the related writ petition primarily seeking a direction to respondent Nos.1, 2 and 3 not to demolish the property bearing No.1-8-550, Balasamudram, 2 HCJ & NTRJ W.A.No.333 of 2023 Hanmakonda in Warangal District wherein she is running a restaurant by the name and style of 'M/s. Paprika Restaurant'.
4. It appears that 4th respondent is a tenant of the appellant. Notices dated 28.04.2022, 27.09.2022 and 14.10.2022 were issued to the 4th respondent for vacating the premises. Challenging the said notices, 4th respondent had filed W.P.No.39138 of 2022 before this Court, which was dismissed on 28.10.2022. Thereafter 4th respondent filed Writ Appeal No.711 of 2022, which was disposed of by a division bench of this Court vide the order dated 31.10.2022 remanding the matter back to the Deputy Commissioner, Khazipet Circle-II, Greater Warangal Municipal Corporation, Warangal to consider the rival stand of the 4th respondent as well as the appellant and thereafter to pass an appropriate order in accordance with law. It was thereafter that order dated 15.02.2023 was passed by the Commissioner of Greater Warangal Municipal Corporation directing the 4th respondent to remove the unauthorized construction of tin roof shed 3 HCJ & NTRJ W.A.No.333 of 2023 within 15 days, failing which it was warned that action would be initiated under Sections 178 and 180(1) of the Telangana Municipalities Act, 2019 besides launch of prosecution.
5. In the hearing before the learned Single Judge, learned counsel appearing for the 4th respondent admitted that 4th respondent had submitted an undertaking dated 23.02.2023 to the effect that she would vacate the premises within six months. In view of the undertaking given, learned Single Judge disposed of the writ petition directing the 4th respondent to vacate the subject premises within six months from the date of the order, further directing that for the aforesaid period, official respondents should not take coercive steps against the 4th respondent.
6. It is against this order that appellant i.e., the owner of the subject land is before us. He submits that by taking advantage of the aforesaid order, 4th respondent is running her restaurant without paying the rent to the appellant and also without paying any electricity dues, which is however disputed by learned counsel for the 4th respondent.
4 HCJ & NTRJ
W.A.No.333 of 2023
7. Be that as it may, learned Single Judge having exercised his discretion, we are not inclined to interfere with the same save and except that during the aforesaid period of six months, 4th respondent shall pay the due rent to the appellant and also pay the required electricity dues as well as municipal taxes to the authorities.
8. Writ Appeal is accordingly disposed of. However, there shall be no order as to costs.
9. As a sequel, miscellaneous applications pending, if any, in this Writ Appeal, shall stand closed.
_______________________ UJJAL BHUYAN, CJ _______________________ N.TUKARAMJI, J Date: 16.03.2023 KL