THE HON’BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No.14127 of 2024

ORDER

Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1, learned Government Pleader for Revenue appearing for respondent No.2, Sri B.Jagan Madhav Rao, learned Standing Counsel appearing for respondent No.2, and with the consent of the counsel appearing for the respective parties, the Writ Petition is taken up for hearing and disposal at admission stage. 2. Having regard to the manner of disposal and the lis involved in this Writ Petition, this Court is of the view that notice to both the official respondents No.3 & 4 and unofficial respondent No.5 is not necessary for adjudication of the present Writ Petition.

3. Petitioner contends that the unofficial respondent is making construction, by erecting temporary sheds, in petitioner’s house property admeasuring 200 sq. yards out of 633.3 sq. yards bearing House No.12-9, near Bus Stop, Old Village Peerzagiguda, Medipalli Mandal, Medchal-Malkajgiri District, without obtaining any permission.

4. Petitioner further contends that on the unofficial respondent No.5 undertaking the aforesaid illegal and unauthorized construction, she had approached the respondents and submitted representations, dt.06.03.2024 and 07.05.2024, seeking initiation of action against such illegal and unauthorized construction being made by the unofficial respondent.

5. Petitioner further contends that in spite of the petitioner submitting the above mentioned representations no action is taken and on the other hand, the unofficial respondent is proceeding with the construction in a lightening speed.

6. Per contra, learned Standing Counsel appearing on behalf of the 2^nd respondent submits that the respondents-authorities, on receiving the communication from a Member of the Legislative Assembly, have initiated action against the construction being made by the 5^th respondent and have issued a show-cause notice on 16.05.2024, calling upon the unofficial respondent to submit explanation/documents with regard to the construction being made within a period of seven (07) days from the date of receipt of the said show-cause notice.

7. Learned Standing Counsel further submits that by the said show-cause notice issued, the unofficial respondent was also directed not to proceed with further construction, but the unofficial respondent, without heeding to the aforesaid direction of the 2^nd respondent-authority, is proceeding with the construction during the night times.

8. Learned Standing Counsel further submits that since the unofficial respondent, though being served with the show-cause notice, did not submit any explanation with regard to the construction being made by him, the authorities would take further action on the show-cause notice issued.

9. I have taken note of the respective contentions urged.

10. Having regard to the submissions made as above, since this Court has been informed by the learned Standing Counsel appearing for the 2^nd respondent that the authorities having initiated action by issuing a show-cause notice, dt.15.05.2024, calling for an explanation with regard to the unauthorized and illegal construction being made by the 5th respondent, and the unofficial respondent having not submitted any reply/explanation thereto, this Court is of the view that the respondents-authorities are to be directed to take further action immediately, against the said unauthorized and illegal construction being made by the unofficial respondent, which admittedly is without any permission. Further, it is made clear that since the 5th respondent is proceeding with unauthorized and ilegal, construction, if any further lenience is shown in dealing with such construction, the same would embolden/encourage the encroachers/

violators of law thereby affecting enforcement of Rule of Law.

11. Subject to the above observations, the Writ Petition is disposed of. No order as to