Smt. Nerella Divya vs The State Of Telangana
2023 Latest Caselaw 920 Tel

                HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

                                W.P.No.5123 of 2023
ORDER:

This writ petition is being disposed of at the admission stage

with the consent of learned counsel for the respective parties.

This writ petition is filed seeking the following relief:

".......to pass an order or direction more particularly in the nature of writ of mandamus calling for the records pertaining to Roc.No.E-256976/GWMC/Cir-II/2022-23, dated 15-02-2023 and declare the same as illegal, arbitrary and set aside the same, consequently direct the respondent Nos.1, 2 and 3 not to demolish the property bearing No.1-8-550, Balasamudram, Hanmakonda, Warangal, wherein the petitioner is running a restaurant in the name and style of M/s. PAPRIKA RESTAURANT......".

Heard Sri Bhaskar Poluri, learned counsel appearing for

the petitioner and Sri S.Surender Reddy, learned Standing

Counsel appearing for respondent Nos.2 and 3.

Learned counsel appearing for the petitioner submits that

the petitioner is a tenant of the 4th respondent premises bearing

H.No.1-8-552/1 situated at Balasamudram, Hanmakonda,

Warangal District, wherein the petitioner is running a restaurant

in the name and style of M/s.Paprika Restaurant. While so,

notices dated 28.04.2022, 27.09.2022 and 14.10.2022 were

issued to the petitioner and challenging the said notices, the

petitioner filed W.P.No.39138 of 2022 before this Court and the

said writ petition was dismissed by this Court vide order dated

28.10.2022. Aggrieved thereby, the petitioner filed W.A.No.711

of 2022 and the said writ appeal was disposed of vide

judgment dated 31.10.2022. Pursuant to the said judgment

rendered by the Division Bench of this Court, the 2nd respondent

has issued the impugned proceedings.

After arguing the matter for sometime, learned counsel

appearing for the petitioner submitted that the petitioner filed an

undertaking affidavit dated 23.02.2023 stating that he would

vacate the subject premises bearing H.No.1-8-552/1 situated at

Balasamudram, Hanmakonda, Warangal District, within a period

of six months from the date of this order.

Considering the above undertaking given by the

petitioner, this writ petition is disposed of directing the petitioner

to vacate the subject premises within a period of six months from

the date of this order. Till such time, the respondents are

directed not to take any coercive steps against the subject

premises of the petitioner. No costs.

As a sequel, the miscellaneous petitions pending, if any,

shall stand closed.

____________________________ JUSTICE C.V.BHASKAR REDDY Date: 23-02-2023 Prv