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Judgment
Ram Mohan Reddy, J.—Petitioners have challenged the notice dated 4.112010 Annexure"D" of the 3rd Respondent -Tahsildar directing to remove the unauthorised construction within seven days on the premise that the said notice is issued in compliance with the orders of the Supreme Court in SLP (Civil) 8519/2006 dated 7.12.2009 directing Temples, Mosques Churches and Gurudwaras constructed on public parks and other public places to be removed Hence this writ petition.
The 1st Petitioner - Trust is said to.-have submitted an explanation dated 2.11,2010 Annsxure-"E" to the Deputy Commissioner,
It is not in dispute that the state has evolved a policy in respect of unauthorised buildings houses, temples, mosques, churches, gurudwaras, etc., for consideration either for regularisation, relocation, demolition on case basis whereunder the Deputy Commissioner and or the District Level Committee is invested vrfth the jurisdiction; to consider the said cases.
In the light of the order dated 9.12.2010 in W.P. NOS. 39014-16/2010 in VTNAYAKA SEVA SAMITHI TRUST AND OTHERS. v. STATE OF KARNATAKA AND OTHERS. and following the very same reasoning, the notice dated 4.11.2010 Annexure-"D" of the 3rd Respondent - Tahsildar deserves interference and is accordingly, quashed. The Deputy Commissioner is directed to consider the Petitioner''s explanation dated 2.1.1.2010 Annexure-"E" and in addition if any other representation is made by the Petitioners within a fortnight from today, to consider that also and thereafter pass orders in accordance with law, Petitions are ordered accordingly.