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(SHOW CAUSE NOTICE BEFORE ADMISSION) HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THURSDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY ONE

:PRESENT:

THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

WRIT PETITION NO: 16747 OF 2021

Between:

1. N.Praveen Kumar, S/o N.Prakash,

2. N.Dhan Raj, S/o N.Prakash,

AND

• 1. The State of Telangana, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Hyderabad.
• 2. The Tellapur Municipality, Rep. by its Commissioner, Tellapur, Sanga Reddy District.
• 3. The District Collector, Sanga Reddy District at Sanga Reddy.
• 4. Smt.N.Pushpa Leela, W/o Late Sri Narsinga Rao, Aged about 60 years, Occ Household, R/o H.No. 16-11-3 1 7, Turabis Archive Enclave, Flat No.302, Musarambagh, , Hyderabad-36.

...Respondents

...Petitioners

WHEREAS the Petitioners above named through their Advocate SRI.S.CHALAPATHI RAO presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased be pleased to grant an appropriate Writ, order or direction more particularly one in the nature of Writ of Certiorari calling for the records pertaining to the impugned order passed by the 2nd respondent in Lr.No.3494/TPS/TEL/2021 dated 02/02/2021 (served on 14/07/2021) in cancelling the building permission issued to the petitioner vide proceedings No.46/ GPV/ BPF/2018-19 dated 19/06/2018 and proceedings No.5/GPV/BPF/2018-19 dated 28/07/2018 at instance of the 4th respondent without issuing any notice as illegal, arbitrary, void abinitio, and violative of principles of natural justice, besides due procedure as contemplated under law and without following the due procedure as contemplated under law and being influenced under the instructions of 3rd respondent who has no jurisdiction to entertain and decide the civil dispute between petitioner and 4th respondent and consequently set aside the same.;

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri.S.CHALAPATHI RAO Advocate for the Petitioners, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.

You viz:

• 1. The Principal Secretary, Municipal Administration and Urban Development Department, State of Telangana, Secretariat, Hyderabad.
• 2. The Commissioner, Tellapur Municipality, Tellapur, Sanga Reddy District.
• 3. The District Collector, Sanga Reddy District at Sanga Reddy.
• 4. Smt.N.Pushpa Leela, W/o Late Sri Narsinga Rao, R/o H.No. 16-11-3 1 7, Turabis Archive Enclave, Flat No.302, Musarambagh, Hyderabad-36.

are directed to show cause on or before 27.08.2021 to which date the case stands posted as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted.

IA NO: 1 OF 2021

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased pleased to stay of all further proceedings of the impugned order passed by the 2nd respondent in Lr.No.3494/TPS/TEL/2021 dated $02/02/2021$ (served on $14/07/2021$ ), pending disposal of the above WP No.16747 of 2021, on the file of the High Court.

The Court made the following Order:

Notice before admission.

Learned counsel for the petitioners is directed to take out personal notice to respondent No.4 and file proof of service into Registry.

Learned counsel for the petitioners has drawn the attention of this Court to the complaint dated 21.03.2021 given by the unofficial respondent to respondent No.2 wherein the respondent No.4 has admitted that the constructions were already made. The learned counsel has further contended that after taking due permission way back in the year 2018, the petitioners have made the constructions.

Having regard to the above made submission, the impugned memo dated 02.02.2021 is suspended and the official respondents are directed not to take any coercive steps against the petitioners.

Post on 27.08.2021.

Learned counsel for the petitioner is directed to file the photographs of the structures, within a period of one week, along with a memo.

$//TRUE$ COPY//

SECTION OFFICER

SD/- M.MANJULA ASSISTANT REGISTRAR

To,

• 1. The Principal Secretary, Municipal Administration and Urban Development Department, State of Telangana, Secretariat, Hyderabad.
• 2. The Commissioner, Tellapur Municipality, Tellapur, Sanga Reddy District.
• 3. The District Collector, Sanga Reddy District at Sanga Reddy.
• 4. Smt.N.Pushpa Leela, W/o Late Sri Narsinga Rao, R/o H.No. 16-11-3 1 7, Turabis Archive Enclave, Flat No.302, Musarambagh, Hyderabad-36. (RR-1 to 4 by RPADalong with a copy of petition and memorandum of grounds)
• 5. One CC to SRI.S.CHALAPATHI RAO Advocate [OPUC]
• 6. Two CCs to GP for Municipal Administration, High Court at Hyderabad. [OUT]
• 7. Two CCs to GP for Revenue, High Court at Hyderabad. [QUT]
• 8. One spare copy

HIGH COURT

$AAR.J$

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DATED; 22.07.2021

NOTE: POST ON 27.08.2021

NOTICE BEFORE ADMISSION

DIRECTION