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Judgment
Heard Mr. Shyam S.Agarwal, learned counsel for the petitioner; Mr. Putta Krishna Reddy, learned Standing Counsel for respondent No.2; and perused the material on record.
Learned counsel for the petitioner submitted that the impugned notice No.UCR. No.G1/174/2026 dated 01.07.2026 issued by respondent No.2 is illegal and violative of principles of natural justice. Though it is styled as notice, in fact, it is an order directing the petitioner to remove the unauthorized 5th upper floor and restore the stilt for parking purpose in the premises bearing H.No.6-8, opposite to Integrated District Offices and Collectorate, Peddakalwala Road, Peddapalli. Learned counsel submitted that the petitioner was granted building permission for construction of commercial structure; four (4) floors have been constructed in accordance with the sanctioned plan along with sufficient place for parking and there are no deviations. The alleged construction in the 5th floor was only made for the convenience of the staff members.
Learned Standing Counsel for respondent No.2 submitted that the petitioner admittedly made unauthorized construction in the (5th) floor as such the impugned notice was issued.
In the circumstances, considering that the impugned notice was issued directing the petitioner to remove the alleged unauthorized construction over the subject premises without calling for any explanation from him and without issuing any prior notice and being violative of principles of natural justice, this writ petition is disposed of with the following observations:
The impugned show cause notice dated 01.07.2026 shall be treated as show cause notice.
The petitioner is directed to submit reply to the show cause notice within a period of two (2) weeks from the date of receipt of a copy of this order.
Upon receipt of the reply, respondent No.2 shall consider the same by giving opportunity of hearing to the petitioner and to all other concerned/interested persons, and pass appropriate orders in accordance with law, within a period of four (4) weeks thereof.
Until such exercise is done, status quo obtaining as on today shall be maintained in respect of the subject premises bearing H.No.6-8, opposite to Integrated District Offices and Collectorate, Peddakalwala Road, Peddapalli. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in the writ petition, stand closed.