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Judgment
Heard Mr. K. Ramachandra Reddy, learned counsel for the petitioner and Mr. Putta Krishna Reddy, learned standing counsel for Municipalities, appearing for respondent No.2.
The case of the petitioner is that impugned speaking order vide Notice No.G1/108/UC/TPBO/MCY/2026 dated 06.08.2026 is passed without recording any reasons and without considering the detailed explanation dated 29.07.2026 submitted by the petitioner to the show-cause notice dated 22.07.2026. The alleged unauthorized construction (pent house) made by the petitioner is a minor deviation to the sanctioned plan granted for construction of Ground + two (2) upper floors. It is submitted that petitioner is selectively targeted. In fact alleged unauthorized structures are minor and would not cause any nuisance to the public in general. If necessary, petitioner would submit revised building permission and get the pent house regularized.
Learned standing counsel for respondent No.2 submitted that admittedly petitioner has constructed pent house which is unauthorized. Petitioner was granted permission for construction of Ground + two (2) upper floors in the property bearing Plot No.6, H.No.4-13/A/P situated at Pathagutta Road, Yadagirigutta and additional pent house has been admittedly constructed by the petitioner in deviation of the sanctioned plan. Thus, there are no merits in the writ petition and it is liable to be dismissed.
As seen from the impugned speaking order dated 06.08.2026, reply dated 29.07.2026 of the petitioner to show-cause notice dated 22.07.2026, has not been considered except stating that reply submitted by the petitioner is not satisfactory. Thus, impugned order suffers from violation of principles of natural justice. For this sole reason, the impugned order is liable to be set aside.
Accordingly, the writ petition is allowed setting aside the impugned speaking order vide Notice No.G1/108/UC/TPBO/MCY/2026 dated 06.08.2026 passed by respondent No.2. The matter is remitted back to respondent No.2. Further, respondent No.2 is directed to pass orders pursuant to the show-cause vide Notice No.G1/108/UC/MCYGT/2026 dated 22.07.2026, by duly considering the reply dated 29.07.2026 submitted by the petitioner, by affording opportunity of personal hearing to him and all other concerned/interested persons. This exercise shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order. Till such exercise is completed, status quo, obtaining as on today, shall be maintained in respect of the structures standing on the subject property. No order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.