ORDER:

Heard learned counsel for the petitioners, learned Government Pleader for Municipal Administration and Urban Development appearing on behalf of respondent No.1 and Sri B.Jagan Madhav Rao, learned Standing Counsel appearing on behalf of respondent No.2, and perused the record.

2. The petitioners, in the present Writ Petition, have called in question the action of 2nd respondent in issuing show cause notice dated 13-09-2023 in the name of Smt.Naga Siromani and demolishing the fourth floor slab of the property bearing Plot No.10, House No.9-4/1, admeasuring 675 sq. yards named as ‘N.S. Heights’ consisting of stilt + ground + 3 floors and pent house in Sy.Nos.278 and 279 situated at Nagaram Village and Municipality, Keesara Mandal, Medchal-Malkajgiri District, belonging to petitioners as high-handed, illegal, arbitrary and against the principles of natural justice, with a consequential direction to the 2nd respondent not to interfere/demolish petitioner’s property.

3. Petitioners contend that they are the absolute owners and possessors of the property bearing Plot No.10, House No.9-4/1 admeasuring 675 sq. yards having purchased the same under a registered sale deed dated 05-06-2015.

4. Petitioners further contend that petitioner Nos.1 and 2 thereafter constructed an apartment building on the said property and named the same as ‘N.S. Heights’ by obtaining necessary permission from the Executive Officer, Nagaram Gram Panchayat vide permission No.87 of 2014-2015 dated

25-02-2015.

5. Petitioners further contend that the officials of the 2nd respondent, all of a sudden came to the subject property and issued show cause notice dated 13-09-2023 in the name of Smt.Naga Siromani to the Watchman, who is no way concerned with the aforesaid property having sold the same in favour of the petitioners.

6. Petitioners further contend that the 2nd respondent authority subsequently issued final notice dated 10-11-2023, to which petitioner No.3 submitted an explanation on 20-09-2023.

7. It is also contended by the petitioners that the 2nd respondent authority, without considering the said explanation submitted by petitioner No.3, came to the property on 28-02-2024 and started demolishing the roof of the fourth floor in a high-handed manner, which action, it is contended is highly illegal and arbitrary

8. Per contra, learned Standing Counsel appearing on behalf of 2nd respondent contends that though the petitioners claim that Smt.Naga Siromani in whose name the authorities have issued show cause notice and final order is no way connected to the property in issue and it is the petitioners who have obtained permission from the Executive Officer vide permission No.87 of 2014-15 dated 25-02-2015, in fact was obtained in the name of Smt.Naga Siromani, who is the owner of the subject property at the relevant point of time inasmuch as the petitioners claim to have purchased the subject property subsequently only on

05-06-2015.

9. Learned Standing Counsel further submits that while the permission obtained from the Gram Panchayat was only for construction of Ground + 2 upper floors, the petitioners have made construction of four floors, which construction cannot be held as valid and duly sanctioned construction.

10. Learned Standing Counsel further submits that on noticing the aforesaid construction being made by the petitioners to be unauthorized and illegal construction, the authorities have issued a show cause notice and thereafter passed a final order on

10-11-2023.

11. Learned Standing Counsel further submits that the petitioners, by the present Writ Petition, have only questioned the show cause notice that has been issued and not the final order that has been passed by which the aforesaid construction made by the petitioners was held to be unauthorized and illegal, on the basis of which the authorities have taken action for demolition of the construction by making holes to the roof and walls of fourth floor on 28-02-2024.

12. I have taken note of respective co