THE HON’BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.22019 of 2025

ORDER

This Writ Petition is filed challenging the notice bearing No.05/GPW/2025 dated 24.07.2025, issued by respondent No.5 for demolition of the construction made by the petitioner over the land admeasuring 3029.31 square yards in Sy.No.59/1/2/2, situated at Wankidi Kalan Village, Wankidi Mandal, Komuram Bheem Asifabad District, without issuing any prior notice as violative of the principles of natural justice.

2. Learned counsel for the petitioner submitted that the petitioner has made an application dated 03.07.2025 seeking building permission in the land admeasuring 3029.31 square yards in Sy.No.59/1/2/2, situated at Wankidi Kalan Village, Wankidi Mandal, Komuram Bheem Asifabad District. The grievance of the petitioner is that without considering the said application, directing to demolish the construction made by the petitioner in the subject property.

3. Learned Standing Counsel for Gram Panchayat, appearing for respondents No.3 & 5, on instructions, submitted that the petitioner has made two applications for building permission on 03.07.2025 and 17.07.2025 and that the application dated 17.07.2025 was reverted vide order dated 23.07.2025 by giving valid reasons for such reversion. A copy of the said reversion order dated 23.07.2025 has been filed before this Court.

4. Learned counsel for the petitioner, however, pointed out that the reasons given for reversion on 23.07.2025 are not reflected in the impugned notice dated 24.07.2025. Learned counsel for the petitioner further submitted that the respondents have also not issued any prior notice to the petitioner calling for explanation before issuance of the impugned notice. Therefore, according to him, the impugned notice is in violation of the principles of natural justice.

5. Having regard to the rival contentions and the material on does not refer to the reversion of the building permission application submitted by the petitioner though the reversion was prior to the impugned notice. Therefore, it appears that the relevant facts were not taken into consideration before issuing the impugned notice. Therefore, the impugned notice dated 24.07.2025 issued by respondent No.5 is set aside. Respondent No.5 is directed to issue a fresh notice to the petitioner, if it intends to do so and to pass appropriate orders in accordance with law after giving sufficient opportunity of hearing to the petitioner. The petitioner is at liberty to challenge the reversion order, if he so chooses.

6. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

7. Miscellaneous applications, if any, pending in this Writ Petition, shall stand closed.

___________________________ JUSTICE T. MADHAVI DEVI Date: 29.07.2025 PRN/GGD