HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.24723 OF 2025 ORDER : (ORAL)

This writ petition is filed challenging the show cause notice bearing No.G1/UC101/2025 dated 08.05.2025, issued under Section 178 (1) (8), 180 and 181 of the Telangana Municipalities Act, 2019, by respondent No.3 Municipality, whereby the petitioner is directed to stop the further construction and submit her explanation within seven days as to why the unauthorised construction made by her without maintaining the setback and encroaching the land of the complainant - respondent No.4 should not be demolished.

2. Heard Mr. R. Chandrashekar Reddy, learned counsel for the petitioner, and Mr. Putta Krishna Reddy, learned Standing Counsel for Municipalities, appearing for respondent No.3, and perused the material available on record.

3. Learned counsel for the petitioner submitted that a residential building is being constructed by the petitioner in accordance with the sanctioned plan vide permit No.481624/DUBB/0012/2025, dated 14.02.2025, and that the building is constructed within the plot area of the petitioner and there are no violations.

4. Learned Standing Counsel for respondent No.3 submitted that enquiry is pending pursuant to the show cause notice dated 08.05.2025 and the petitioner has so far not submitted any explanation to the show cause notice.

5. Learned counsel for the petitioner submitted that the petitioner had, in fact, submitted explanation on 15.05.2025, however, due to oversight, copy of the same has not been filed in the material papers. Learned counsel submitted that there is an attempt made by respondent No.3 to demolish the structures made over the subject property without following due process fo law, as such, the petitioner is constrained to approach this Court.

6. Taking note of the fact that the petitioner has submitted her explanation on 15.05.225 to the show-cause notice 08.05.2025 and enquiry is pending, the writ petition is disposed of directing respondent No.3 to complete the enquiry pursuant to the impugned show cause notice dated 08.05.2025, by giving opportunity of hearing to the petitioner and respondent No.4, and pass orders, in accordance with law, within a period of four (04)

weeks from the date of receipt of a copy of this order. As this order is passed without entering into the merits of the case, notice to respondent No.4 is dispensed with. However, if respondent No.4 is in any way aggrieved by this order, he is at liberty to seek modification of this order. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition stand closed.

____________________ B. VIJAYSEN REDDY, J

21.08.2025

Note: Issue CC today

(BO)

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