Shameem Sultana Razia Sultana, vs The State Of Telangana,
2023 Latest Caselaw 3329 Tel

   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