Smt. Veeramaneni Manju Latha vs The State Of Telangana And 3 Others
2023 Latest Caselaw 1279 Tel

   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