Writ petition challenging a demolition notice issued by a Panchayat Secretary without a prior show-cause notice. The High Court set aside the notice due to the lack of natural justice and directed issuance of an appropriate notice.
The demolition notice dated 24.08.2022 is set aside; respondents directed to issue an appropriate notice before acting.
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[3230 |
HIGH COT'RT FOR THE STATE OF TELANGANA AT HYDERABAD . . . e.qgciatOriginatJurisdiclion) 5A IURDAY .THE TWENTY NINTH DAY 6P OCTOSER TWO THOUSAND AND TWENTY TWO PRESENT
Betwecn:
THE HONOURABLf, SMT JUSTICE LALITIIA KANNEGANTI WRIT PETITION NO: 34983 OF 2022
...PETITIONER(S)
A]\ID
...RESPONDENTS
Petition under Arricle._2.26 of the Constitution of India praying that in the circumsrances srated in the affidavir n r"J-,r,.[":iri,,',i" t'iirn corn rnay be preased ro rssue an appropriare writ' order or.Direclior. -o,. puni.,,iu?ry one in the nature of writ of Mandamus' i) to decrare rhe demoririon';r;Jilil; Lr. No.EGp/202 z-2 dated 24108/2022 issued b1' rhe firrh respondent ror demoriiion o? the reconstructed house of "iil;s;: l}:.J-"J*:lr"lilll',t,.),";I;1ijifi,,;.,,1x, ;i,*1",,:,11,s;i;;;;i; duty served on rte peritio,., "i r,oiii,iij,;'ii;r:I";Hfi'lr1i:HilJ?:.T:,,.; violate of principrcs of naturar. 1rya. ;11^ i9g"rtlrrlrirr' ."i' ,.ia"the demoririon noticl bearing Lr. No.[Cp/]02t-2 dated 24/08/2022 issrled - "vrvgvr Ui r "t," rrw trifth ,".ponaenr, which was served on the petitioner on j l/0g/2022.
IA NO: I oF 2022
petition under Se ion I5l CI,C praying that in the circumstances stated in the affidavit filed in support of rhe_petition. rh; Uigt i"rr'rlry Ue pteasea to suspend the proceedings in Lr"No Ecp/2022-2 auna zqi6tiiz;"r;;;ld by rhe fifth respondenr directing rhe fifrh respondenr nor ro demorish th. by the petirioner in 'oio;.oirur","a rhe ptace of otd l.t.No. t_73 tocared .; tu".' ;;;;;","r.",,y vi,age, Manakondur Mandal, Karirnnagar District
/
Counsel for the petitioner(s):SRI. NANDIGAM KRISHNA RAO
Counsel for the Respondents: Gp FOR PANCHAYAT RAJ RURAL DEV (TG)
The Court made the following: ORDER
(
THE HON'BLE SMT. JUSTICE LALITHA KAIIIIEGANTI
WRIT PETITION No.34983 of 2O22
ORDER:
The writ petition is filed seeking the following reliel
"... to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus (i) to declare the demolition notice bearing Lr.No.EGP /2022-2 dated 24.08.2022 iSsued by the frfth respondent for demolition of the reconstructed house of the petitioner bearing No.1-73 (old) located at R/o Eedulagattepally Village, Manakondur Mandal, Karimnagar District without issuing any prior show cause notice, duly served on the pedtioner oo 31.O8.2O22 as illegal, arbitrary, unjust apa.rt from being violate of principles of natural and (ii) to consequently set aside the demolition notice bearing I,r.No.EGP / 20222 dated 24.08.2022 issued by the fifth respondent which was served on the petitioner oi 3l.Q8.2O22 and ...".
2
that thereafter, without issuing any notice to the petitioner, only basing on the complaint, the respondent Panchayat Secretary straightaway has issued a notice to the petitioner on 24.Og.2O22 to remove the construction or else appropriate action will be initiated by the respondents.
6' Hence, the impugned notice dated 24.08.2022 is set aside and the respondents are at liberty to issue an appropriate notice and take action in accordance with law. The respondents are directed not
3
,:
to interfere with petitioner's Possession without following the due
process.
order as to costs-
The Miscellaneous Applications, if any shall stand automatically closed.
Sd/L. STIIVA PARVATHI ASSISTANT RE,GISTRAR
//TRUE COPYII
L SECTION 6ruCER
To,
HIGH COURT
LKJ
DATED:29 /10/2022
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ORDER
WP.No.34983 of 2022
WP TS DTSPOSED OF WITHOUT COSTS
1 issue framed by the court
Whether the demolition notice issued by the Panchayat Secretary without issuing a prior show-cause notice is illegal and violative of principles of natural justice.
Smr. Agriculture
The State of Telangana
District Panchayat Office, Karimnagar District
Divisional Panchayat Officer, Karimnagar Division
Mandal Panchayat Office, Manakondur Mandal
Panchayat Secretary, Eeduragattepally village
Lalitha Kanneganti
As recorded by the court registry
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