Telangana High Court
G.Vikramsimha Reddy vs Dwarapogu Prabhakar on 1 December, 2022
Bench: Ujjal Bhuyan, C.V. Bhaskar Reddy
THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT APPEAL No.782 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. P.Raghavendra Reddy, learned counsel for
the appellant; Mr. M.Damodar Reddy, learned counsel for the
1st respondent/writ petitioner; Mr. Pasham Krishna Reddy,
learned Government Pleader for Municipal Administration
and Urban Development for respondent No.2; and Mr. M.Ram
Mohan Reddy, learned Standing Counsel for Municipalities for
respondent Nos.3 & 5.
2. This appeal is directed against the order dated
29.07.2022 passed by the learned Single Judge allowing Writ
Petition No.30616 of 2022 filed by the 1st respondent as the
writ petitioner.
3. We may mention that appellant Sri
G.Vikramsimha Reddy, who is serving as Commissioner of
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Wanaparthy Municipality has filed the appeal in his personal
capacity being aggrieved by the cost imposed by the learned
Single Judge while allowing the writ petition.
4. 1st respondent complained before the learned
Single Judge that Wanaparthy Municipality had issued
demolition notice dated 20.07.2022 for removing the
construction carried out by the 1st respondent over the
subject property being Plot No.54, admeasuring 150 square
yards in Survey Nos.1041 to 1062 at Wanaparthy.
5. Learned Single Judge noticed that time and again
this Court had clarified to the municipal authorities the need
for issuance of notice to the affected party before proceeding
for demolition or eviction. Notwithstanding the same, the
municipal authorities continued to commit the same mistake.
Consequently, the writ petition was allowed by setting aside
the demolition notice dated 20.07.2022 though liberty was
granted to the municipal authorities to issue appropriate
notice by following the due process of law. However,
Commissioner of Wanaparthy Municipality i.e., the appellant
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was imposed cost of Rs.10,000.00 to be paid within a period
of four (04) weeks.
6. Learned counsel for the appellant submits that it
was the first instance of Wanaparthy Municipality where
demolition notice was issued without following the due
process. In fact, this was submitted before the learned Single
Judge by the learned Standing Counsel. He further submits
that there are conflicting orders of this Court in respect of the
same subject land, compliance to one would result in
disobedience to the other.
7. Be that as it may, without entering into such
contentious issue, we are of the view that imposition of cost of
Rs.10,000.00 upon the appellant does not appear to be
justified.
8. Accordingly, without interfering with the merit of
the order dated 29.07.2022 allowing Writ Petition No.30616 of
2022, we set aside the cost of Rs.10,000.00 imposed upon the
appellant.
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9. Writ Appeal is accordingly disposed of. However,
there shall be no order as to costs.
10. As a sequel, miscellaneous applications pending, if
any, in this Writ Appeal, shall stand closed.
__________________________
UJJAL BHUYAN, CJ
___________________________
C.V.BHASKAR REDDY, J
Date: 01.12.2022
KL
