Banka Ramesh vs State Of Telangana

Heard Sri S.Surender Reddy, learned counsel for petitioner and Smt.Pingle Lakshmi, learned Standing Counsel for Respondent Nos.2 and 3 and with their consent, this writ petition is being disposed of at the stage of admission.

The learned counsel for petitioner submits that the respondent-Corporation issued final notice dated 17.5.2022 and according to the said notice, petitioner has to submit his explanation within three (3) days, failing which, it shall be presumed that he has no explanation to offer and no valid documents to submit claiming the subject property and further action as deemed fit will be taken as per the provisions of the Municipalities Act, 1965. Learned counsel for petitioner submits that petitioner submitted his explanation on 26.5.2022 to the said final notice dated 7.5.2022. Learned counsel further drawn the attention of the Court to the orders passed by this Court in W.P.No.27504 of 2019 dated 11.12.2019, which was filed by the very same petitioner. At paragraphs 6 and 7, this Court passed the following order:

“6. When the matter is of a serious nature affecting the rights construed upon the citizen under the Constitution of India, wherein his Assessment Number is subjected to cancellation upon the complaint of third parties, the respondent officer, without verifying the correctness in the contentions, is not supposed to pass any orders in a casual manner.

Hence, the writ petition is disposed of directing respondents 1 to 3 to examine the records and after hearing both sides, pass appropriate orders, in accordance with law”.

As per the spirit of the above order dated 11.12.2019 in W.P.No.27504 of 2019, no orders have been passed against the petitioner, but on the contrary, the present impugned notice titled as final notice has been issued.

The learned counsel for respondents, on oral instructions, submits that though the impugned notice is described as final notice, it is only a show cause notice and it is a fact that the explanation of the petitioner dated 26.5.2022 has been received by the Commissioner, Greater Warangal Municipal Corporation, Circle-2, Kazipet, the same would be considered in accordance with law within 15 days from today.

Under these circumstances, the writ petition is disposed of, directing the respondents 2 and 3 to consider the explanation of the petitioner dated 26.5.2022 in accordance with law and pass appropriate orders within a period of fifteen (15) days from today and in the meantime, the respondents shall not take any coercive steps against the petitioner in pursuance to the final notice in proc Roc.No.C.No.2/A2/22077/2019-2022 dated 7.5.2022. The miscellaneous petitions, pending if any, shall stand closed. There shall be no order as to costs.