AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Mr. Mohd. Islamuddin Ansari, learned counsel for the petitioner and Mr. Srinivas Rao Pachwa, learned standing counsel for Malkajgiri Municipal Corporation (MMC), appearing for respondent Nos.2 and 3.
Learned counsel for the petitioner submitted that show-cause notice vide Notice No.989/Cir-10/UPZ/MMC/2026 dated 25.07.2026 was issued to the petitioner alleging unauthorized construction on the property bearing H.No.7-13, Viharika Colony, Medipally Village, Medchal-Malkajgiri District. Petitioner was directed to submit explanation within fifteen (15) days. In fact, explanation was submitted by the petitioner on 07.08.2026 and the same was acknowledged by respondent No.3. However, without considering the explanation, speaking order dated 21.08.2026 was passed stating that petitioner has not submitted any reply to the show-cause notice dated 25.07.2026.
The Ex.P3 document along with acknowledgment shows that reply dated 07.08.2026 has been submitted by the petitioner on 11.08.2026 to the show-cause notice dated 25.07.2026 within fifteen (15) days stipulated time. Thus, impugned speaking order dated 21.08.2026 is passed in violation of principles of natural justice and cannot be sustained.
Accordingly, the writ petition is allowed setting aside the impugned speaking order passed by respondent No.3 vide Notice No.989/Cir-10/UPZ/MMC/2026 dated 21.08.2026. The matter is remanded back to respondent No.3. Respondent No.3 is directed to consider the reply dated 07.08.2026 submitted by the petitioner to the show-cause notice dated 25.07.2026 and pass orders in accordance with law, by affording opportunity of personal hearing to the petitioner and all other concerned/interested persons, within a period of four (4) weeks from the date of receipt of a copy of this order. Further, petitioner is also directed not to proceed with any unauthorized construction on the subject property. There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.