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Judgment
Heard Mr. Alluri Divakar Reddy, learned counsel for the petitioner and Mr. Putta Krishna Reddy, learned standing counsel for Municipalities, appearing for respondent No.2.
Learned counsel for the petitioner submitted that though impugned notice vide Notice No.G1/W34/1368/2026 dated 14.08.2026 issued under Section 185(3) of the Telangana Municipalities Act 2019 is styled as show-cause notice, on reading the contents of the notice it would reveal that respondent No.2 has already formed opinion that there is encroachment made by the petitioner at Ward No.34 of Khilagadda, Jagtial, by constructing compound wall. Hence, the impugned notice is in violation of principles of natural justice.
Learned standing counsel for respondent No.2 placed on record written instructions and submitted that petitioner constructed compound wall which was found to be obstructing/encroaching upon the existing road/passage situated at Ward No.34, Khilagadda, Jagtial. The compound wall was constructed without obtaining any permission from respondent No.2, as such, impugned notice dated 14.08.2026 was issued to him.
As it is submitted by learned counsel for the petitioner that impugned notice dated 14.08.2026 is issued without conducting any enquiry and in violation of principles of natural justice, the notice dated 14.08.2026 shall be treated as show-cause notice and petitioner is directed to submit explanation to the same within a period of seven (7) days from today. Upon receipt of such explanation, respondent No.2 shall pass orders, by affording opportunity of personal hearing to the petitioner, complainant and all other concerned/interested persons, within a period of four (4) weeks thereof. Action if any taken by respondent No.2 shall be subject to the enquiry pursuant to notice dated 14.08.2026.
With the above observations, the writ petition is disposed of. There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.