THE HON’BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No.6239 of 2024

ORDER

This Writ Petition is filed for issuance of a Writ of Mandamus declaring the impugned show cause notice dated 11-09-2023 and consequential intimation notice dated 07-02-2024 issued by the respondent more particularly the 3^rd respondent to vacate the premises bearing D.No.8-4-490 situated at Erragadda, Hyderabad within seven days as being illegal, arbitrary, unconstitutional and against to the provisions of the Greater Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’) with a consequential direction to 3^rd respondent not to demolish the subject property without following due process of law.

2. Heard learned counsel for the petitioners, learned Government Pleader for Municipal Administration and Urban Development Department appearing on behalf of respondent No.1 and Sri M.A.K.Mukheed, learned Standing Counsel appearing on behalf of respondent Nos.2 to 4, and perused the record.

3. In view of the facts and circumstances of the case, without delving into the merits of the matter, since the petitioners have a remedy of appeal under Sections 654 and 655 of the Act against the order impugned; that admittedly, the petitioners did not avail the said remedy; and that as it is not shown to this Court of the said remedy of appeal is inefficacious, this Court is of the view that the petitioners should be relegated to avail the remedy of appeal under Sections 654 and 655 of the Act.

4. Further, taking note of the fact that the petitioners had filed this Writ Petition on 06-03-2024, within the period of limitation provided under the Act for filing of appeal, and since this Court is now relegating the petitioners to avail the remedy of appeal, this Court is of the considered view that petitioners are to be granted three (03) weeks time to avail the remedy of appeal before the concerned authority.

5. Accordingly, petitioners are granted three (03) weeks time, from the date of receipt of a copy of this Court, to avail the remedy of appeal under Sections 654 and 655 of the Act, and on the petitioner filing such appeal before the concerned authority within the aforesaid period, the said appeal shall be taken on record by the authority without taking objection as to limitation. Further, since this Court is now relegating the petitioner to avail the remedy of appeal, the respondents-authorities shall not give effect to the impugned order till the expiry of three (03) weeks time granted by this Court.

6. Subject to above observations and granting liberty to the petitioners as aforesaid, the Writ Petition is disposed of. No order as to costs.

7. As a sequel, miscellaneous petitions, if any, pending shall stand closed.

___________________ T. VINOD KUMAR, J Date : 11-03-2024 Vsv