Writ petition challenging Section 636 notice issued by GHMC without prior opportunity to explain. Court quashed notice, granted liberty to file explanation, and restrained further construction or demolition.
Notice dated 22.6.2019 under Section 636 quashed; liberty to file explanation; stay on construction and demolition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON'BLE SRI JUSTICE P. NAVEEN RAO
W.P.No.13469 OF 2019
Date: 10.7.2019
Between :
Banoth Sama
Petitioner
And
State of Telangana, rep. by its Principal Secretary, Tribal Welfare Department, Secretariat, Hyderabad and others. Respondents
This court made the following :
THE HON'BLE SRI JUSTICE P. NAVEEN RAO
W.P.No.13469 OF 2019
ORDER:
Heard learned counsel for petitioner, learned Government Pleader for Respondent No.1 and learned Standing Counsel for GHMC appearing for Respondents 2 to 5 and perused the material available on record.
so far building permission is not cancelled. Copies of the said notices are furnished to the learned counsel for petitioner by the learned Standing Counsel.
miscellaneous applications, if any, shall stand closed.
____________________ P. NAVEEN RAO, J Date: 10.7.2019 DA
THE HON'BLE SRI JUSTICE P. NAVEEN RAO
W.P.No.13469 OF 2019 10.7.2019
DA
2 issues framed by the court
Whether penalty notice under Section 636 HMC Act 1955 can be enforced without giving opportunity to explain allegations.
Whether due process of law was followed before imposing penal action.
1 provisions across 1 enactments
Banoth Sama
State of Telangana
P. Naveen Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
