The court held that individuals must be granted a fair opportunity of hearing and a reasonable time to submit explanations before municipal authorities take coercive action against alleged unauthorized construction deviations.

ORDER:

Heard learned counsel for the petitioners and learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1, learned Government Pleader for Revenue appearing for respondent Nos.2 and 3 and Sri.P.Krishna Reddy, learned standing counsel for Municipality appearing for respondent No.4. With their consent, the writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition has being filed seeking the following prayer:-

“to declare the action of respondents in threatening coercive steps pursuant to Show Cause Notice dated 18.06.2025, as illegal and arbitrary, unjust, unreasonable and set aside the Show Cause notice dated 18.06.2025 issued by the 4th respondent and further direct respondents not to demolish or interfere with petitioner building.”

3. Brief facts as stated in this writ petition are that petitioners claims to be the owners and possessors of Plot Nos.6 and 9, opposite to petrol bunk, near CNG function hall, Jammichedu, Gadwal Municipality. It further submitted that after obtaining construction permission, petitioners have completed construction on the subject property in the month of March 2025, as per the sanctioned plan. The case of the petitioners is that on 18.06.2025, respondent No.4 issued show cause notice under Section 174 and 178 (2) of the Telangana Municipalities Act 2019, bearing No.G1/UC/112/GDWL/2025, alleging deviation on the subject property and directed the petitioners to show cause within (7) days why action should not be initiated against the unauthorized/deviation, failing which necessary action will be initiated as per provisions made under TG-bPASS Act and Telangana Municipalities Act, 2019.

4. Learned counsel for the petitioners fairly submits that the petitioners could not submit their explanation to the show cause notice dated 18.06.2025 and pray this Court to grant two (02) weeks time to submit their explanation and further pray to direct the respondent authorities to consider the same and pass appropriate orders.

5. Learned standing counsel for Municipality appearing for respondent No.4 did not dispute the same and pray this Court to pass appropriate order.

6. Recording the submission made the learned counsel on either side and without expressing any opinion on the merits of the case, this writ petition is disposed of granting opportunity to the petitioners to submit their explanation to show cause notice dated 18.06.2025, within in period of two (02) weeks from the date of receipt of copy of this order and thereafter, respondent authorities are directed to consider petitioners’ explanation and after giving fair opportunity of hearing to the petitioners, shall pass orders strictly in accordance with law, as expeditiously as possible and communicate the same to the petitioners.

7. With the above directions, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs.