THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT APPEAL No.1018 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)
Mr. K.Sai Rama Murthy, learned counsel for the
appellant.
Mr. Pasham Krishna Reddy, learned Government
Pleader for Municipal Administration and Urban
Development Department for respondent No.1.
Mr. Kadaru Prabhakar Rao, learned counsel for
respondent No.2.
2. Taking into account the manner of disposal,
notice to respondent No.5 is felt unnecessary.
3. With consent of the learned counsel for the
parties, the writ appeal is heard finally.
4. This intra court appeal has been filed against an
order dated 04.10.2023 passed by the learned Single Judge
::2::
in W.P.No.27488 of 2023, by which writ petition preferred by
the appellant has been disposed of with the liberty to the
appellant to take recourse to the remedy of appeal prescribed
to him under Section 252 of the Telangana Municipalities
Act, 2019 (briefly referred to hereinafter as 'the Act').
5. Facts
giving rise to filing of this appeal briefly stated are that an order which was styled as notice dated 22.09.2023 was issued to the appellant, by which the appellant was asked to remove the unauthorized construction. The appellant challenged the validity of the aforesaid order in a writ petition namely W.P.No.27488 of 2023. Learned Single Judge found that the appellant has an alternative remedy of filing an appeal under Section 252 of the Act. Thereupon, the writ petition was disposed of with the liberty to the appellant to approach the appellate authority.
6. We have heard learned counsel for the parties.
7. Section 252(1) of the Act reads as under:
"252. Appeals - (1) Any person
aggrieved by any notice issued by the
::3::
Municipality under this Act may file an appeal before the Regional Director, within 60 days from the date of receipt of such notice. The Regional Director shall dispose the appeal within 30 days from the date of receipt of the appeal:
Provided that the Regional Director may condone the delay in filing the appeal subject to the satisfaction of showing sufficient cause."
8. In the instant case, the order has been passed by the Commissioner of the Municipal Corporation and the appeal lies before the Regional Director, Municipal Administration.
9. Learned Government Pleader for Municipal Administration and Urban Development Department on instructions submit that the Regional Director, Municipal Administration is the designated authority to file the appeal and is different from the Commissioner of Municipal Corporation.
10. In view of aforesaid submission, we deem it appropriate to direct that in case appellant files an appeal before the Regional Director, Municipal Administration within ::4::
a period of three (03) weeks from today, the appellate authority shall decide the appeal preferred by the appellant after affording an opportunity to the parties. The appeal shall be decided within a period of six (06) weeks from the date of filing of the appeal. Till the appeal is decided by the appellate authority, the action for demolition or dispossession of the appellant from the land in question shall not be taken.
11. To the aforesaid extent, the order dated 04.10.2023 passed by learned Single Judge in W.P.No.27488 of 2023 is modified.
12. Accordingly, Writ Appeal is disposed of. There shall be no order as to costs.
Miscellaneous applications, if any pending, shall stand closed.
_______________________________ ALOK ARADHE, CJ _______________________________ N.V.SHRAVAN KUMAR, J Date: 19.10.2023 KL