The importance of affording an opportunity of hearing and following the principles of natural justice before taking coercive steps against individuals.

ORDER :

1. Heard learned counsel for the petitioners, the learned Government Pleader for Municipal Administration and Urban Development for respondent No. 1 and Sri N. Praveen Kumar, the learned Standing Counsel for Municipality for respondent No. 2. With their consent, the Writ Petition is disposed of at the stage of admission itself.

2. The present writ petition is filed by the petitioners being aggrieved by the notice dated 30.12.2020 issued by respondent No. 2 directing the petitioners to remove the unauthorized sheds within three days from the date of receipt of the said notice.

3. Learned counsel for the petitioners states that without issuing any show cause notice or affording an opportunity of hearing, respondent No. 2-the Commissioner, Vikarabad Municipality, has straightaway issued the impugned notice directing the petitioners to remove the structures, which is contrary to the provisions of the Telangana Municipalities Act, 2019 and principles of natural justice, and therefore, prays to set aside the impugned notice.

4. Learned Standing Counsel appearing on behalf of respondent No. 2-Municipality states that the petitioners may be directed to submit their explanation to the impugned notice and the same will be considered in accordance with law.

5. In view of the fact that the impugned notice has been issued without putting the petitioners on notice and calling for their explanation, the impugned notice shall be treated as show cause notice and the petitioners shall submit their explanation to the impugned notice raising their objections, which they deem fit, within a period of two weeks from the date of receipt of a copy of this order. On receipt of such explanation, the official respondents shall consider the same and pass necessary orders strictly on merits, in accordance with law. It is needless to mention that before passing any orders, the petitioners shall be given an opportunity of hearing. A copy of the order passed by respondent No. 2 shall be communicated to the petitioners. Till such time the final orders are passed, the official respondents shall not take any coercive steps against the petitioners.

6. The writ petition is accordingly disposed of.

7. The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.