HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.12163 OF 2025 ORDER : (ORAL)

This writ petition is filed by the petitioner seeking to set aside the show cause notice No.MCB/G1/1186/2025 dated 10.01.2025 issued by respondent No.2 Municipality, as being illegal, arbitrary and unconstitutional.

2. Heard Mr. G. Nagesh, learned counsel for the petitioner; Mr. Putta Krishna Reddy, learned Standing Counsel for respondent No.2 Municipality; and perused the material on record.

3. It is submitted that the show cause notice dated 10.01.2025 was issued to the petitioner by respondent No.2 Municipality where under the petitioner was asked to submit his explanation as to why the unauthorized tin sheds constructed by him encroaching NALA and Government land in Survey No.342/1A, situated at Bhainasa, Nirmal District should not be removed. It is submitted that the subject land which is in possession of the petitioner is neither Government land nor NALA and the subject land is not included in the prohibitory list of properties maintained under Section 22-A of the Registration Act, 1908. In fact, building permission dated 17.06.2019 was issued to the petitioner by the concerned authorities and thus, respondent No.2 does not have any jurisdiction to exercise power under Section 178 (8) of the Telangana Municipalities Act, 2019 in issuing the impugned show cause notice dated 10.01.2025.

3. Learned Standing Counsel for respondent No.2 Municipality, basing on the written instructions, submitted that on receipt of the impugned show cause notice, the petitioner submitted detailed explanation on 06.02.2025; so far, orders have not been passed. It is premature for the petitioner to approach this Court before any decision is taken in the matter and the issue whether the structures raised by the petitioner in the subject property is in his private land or in the Government land or NALA land will be decided in the enquiry. Even before any finding is given, the petitioner has rushed to this Court.

4. As the petitioner has submitted explanation dated 06.02.2025 to the impugned show cause notice dated 10.01.2025, and so far no decision has been taken by the respondent authorities, this Court is not inclined to entertain this writ petition.

5. In the opinion of this Court, respondent No.8 is not necessary party to this writ petition. Hence, respondent No.8 is deleted from the array of parties.

6. In the circumstances, this writ petition is disposed of directing respondent No.2 Municipality to consider the detailed explanation dated 06.02.2025 submitted by the petitioner to the impugned show cause notice dated 10.01.2025 by issuing notice to the petitioner and to respondent No.7, and to all other concerned/interested persons, and pass orders in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order. Further, until decision is taken, respondent No.2 Municipality shall not interfere with the possession of the petitioner in respect the subject land. There shall be no order as to costs.

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

______________________ B. VIJAYSEN REDDY, J April 23, 2025 RRK