The court ensures due process by suspending coercive actions, pending review of petitioner's responses to building violation notices.

O R D E R

In this Writ Petition, the petitioners are challenging the notices dt.09.06.2025 and 24.06.2025 issued by respondent No.5 with regard to the violations committed by the petitioners while constructing their building.

2. Learned counsel for the petitioners submitted that a notice was earlier given on 09.06.2025 to which the petitioners have submitted a reply on 13.06.2025 and thereafter, another notice dt.24.06.2025 has been given for demolition of the house. She submitted that the petitioners also have filed a Writ Petition in W.P.No.2166 of 2025 and the same is pending consideration before this Court and she requested that the impugned notice be suspended and to post this Writ Petition along with W.P.No.2166 of 2025 for hearing.

3. Learned Standing Counsel for Gram Panchayats, however, pointed out that after issuance of the notice dt.09.06.2025 and considering the explanation of the petitioners, the respondents have measured the building of the petitioners and found that the petitioners have constructed their house without leaving any setbacks and therefore, the notice dt.24.06.2025 has been issued. It is further submitted that the petitioners had obtained permission for construction of a residential building but have constructed commercial building and therefore, there is violation of the building plan as well.

4. The learned counsel for the petitioners, however, submitted that the petitioners have submitted explanation to the notice dt.24.06.2025 and have sent the same through post on 03.07.2025 and she has shown proof thereof on her phone and undertakes to produce the said proof before this Court.

5. Taking the submission of the learned counsel for the petitioners to be correct, this Court directs the respondents not to take any coercive steps against the property of the petitioners pursuant to the notice dt.24.06.2025 till they receive the reply of the petitioners to the notice dt.24.06.2025 either by post or in physical form from the petitioners, whichever is earlier, and consider the same and pass appropriate orders thereon in accordance with law and it is only thereafter that the respondents shall be free to take action against the property of the petitioners, if required. With regard to the request of the learned counsel for the petitioners that this Writ Petition should be posted along with W.P.No.2166 of 2025, this Court observes that in the said Writ Petition, the allegation of the petitioners is that the unofficial respondent, i.e., respondent No.6 therein is violating the building permission granted to him and he is making construction into the property of the petitioners herein. Therefore, this Court is of the opinion that it has no bearing on the notice issued to the petitioners herein and the request of the learned counsel for the petitioners in this regard is therefore rejected.

6. With the above directions, this Writ Petition is disposed of. No order as to costs.

7. Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed.