LAWS(TLNG)-2019-12-393

BANKA RAMESH Vs. STATE OF TELANGANA

Decided On December 11, 2019
Banka Ramesh Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking the following relief:

(2.) Heard Sri S.Surender Reddy, learned counsel appearing for the petitioner, learned Government Pleader for Municipal Administration & Urban Development appearing for the 1st respondent and Smt. Pingali Laxmi, learned standing counsel appearing for respondents 2 & 3. Perused the material available on record.

(3.) It is the case of the petitioner that at the behest of the 4th respondent, the official respondents are initiating steps to dispossess the petitioner under one pretext or the other. In this regard, earlier also when the official respondents have initiated steps to remove the temporary erection of the tin shed of the petitioner, the petitioner was constrained to file W.P.No.22791 of 2019 before this Court and the same was disposed of on 18.10.2019 by directing the respondents to follow the procedure prescribed under Section 636 of the GHMC Act, 1955, before undertaking the demolition of the structure. That apart, when the official respondents did not stop their attitude, the petitioner was again constrained to file O.S.No.585 of 2019, on the file of the VII Additional Junior Civil Judge, at Warangal, and obtained ad-interim injunction on 12.09.2019 in I.A.No.8934 of 2019 and the same is in force. Now presently, the official respondents have issued a notice by way of post, which did not contain any date and signature and the same was received by the petitioner on 07.12.2019, wherein it is stated in the said notice that the petitioner is called for an explanation within a period of three days from the date of receipt of the said notice as to why the Assessment No.35-2-464 made in his favour should not be cancelled, failing which it will be presumed that he has no explanation to offer and no valid documents to submit claiming the above open plot.