HON’BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.30445 OF 2024

ORAL ORDER

Heard Mr.Kiran Palakurthi, learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1 and Mr.B.Jagan Madhav Rao, learned Standing Counsel appearing for respondent No.2. Perused the record.

2. The petitioner is claiming that he is a tenant of open place admeasuring 1000 square yards out of 1341.88 square yards situated in Block No.11, Seetharampuram locality, Miryalaguda Town and Mandal, Nalgonda District. The said lease is in force upto July, 2025. He is running a small footwear shop by name and style of ‘Factory Footwear Sale’ and he erected a tin roof shed in the said open place without any permission. Respondent No.2 has issued show- cause notice dated 19.10.2024 to the petitioner as well as his younger brother stating that the petitioner has constructed ACC/Iron shed (foot wear shop) without obtaining prior permission and seven (07) days time was granted. Without considering the explanation dated 21.10.2024, respondent No.2 passed final order dated 26.10.2024 directing the petitioner to remove the said foot wear shop. Challenging the said order, the petitioner filed the present Writ Petition.

3. As rightly contended by the learned counsel for the petitioner, there is no consideration of explanations dated 21.10.2024 and 24.10.2024 submitted by the petitioner. Perusal of the said final order would reveal that it was addressed to Sri Gongati Saidi Reddy and eight others, while show-cause notice dated 19.10.2024 was issued to the petitioner and his younger brother.

4. It is apt to note that in the said explanations dated 21.10.2024 and 24.10.2024, there is no mention by the petitioner that he has obtained permission for construction of tin shed. As per Section 2(s) of the Telangana Municipalities Act, 2019 even shed includes definition of ‘building’. Therefore, the petitioner has to obtain permission from respondent No.2 while erecting the tin shed.

5. In the light of the same, the Writ Petition is allowed, setting aside the final order dated 26.10.2024. The matter is remanded back to respondent No.2 with a direction to consider the explanation dated 24.10.2024 submitted by the petitioner and show-notice dated 19.10.2024, and pass appropriate order by putting the petitioner on notice and affording him an opportunity. Respondent No.2 shall complete the said exercise within four (04) weeks from the date of receipt of a copy of this Order. Till then, respondent No.2 is directed not to proceed with pursuant to the show- cause notice dated 19.10.2024. In the circumstances of the case, there shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.

__________________ K. LAKSHMAN, J October 30, 2024 ynk/ssm