The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.39003 of 2014 Dated 19.12.2014 Between:
Godesi RLDP.Kumar and 9 others …Petitioners And The State of Telangana rep. by its Secretary, Irrigation Dept., Hyderabad and 3 others.
…Respondents Counsel for the petitioners: JUMV.Prasad Counsel for the respondents: AGP for Irrigation & CAD The Court made the following:
Order:
This Writ Petition is filed for a Mandamus to set aside the Notice bearing No.B/1028/2013, dated 25-11-2014, of respondent No.4, whereby he has straight away directed the petitioners to remove the constructions made over Survey No.347 of Bachupally Village, Quthbullapur Mandal, Ranga Reddy District, on the ground that the same is a tank bed.
The main ground, on which the impugned notice has been assailed, is that, before the impugned order was passed, no notice and opportunity of being heard was given to the petitioners.
The learned Assistant Government Pleader for Irrigation, while fairly conceding that respondent No.4 has not given a prior notice, however, requested the Court to set aside the impugned notice with liberty to respondent No.4 to issue a show cause notice to the petitioners and pass a final order after holding a detailed enquiry.
In the light of the above-noted submission of the learned Assistant Government Pleader, the impugned Notice bearing No.B/1028/2013, dated 25-11-2014, of respondent No.4, is set aside, however, with liberty to respondent No.4 to issue a show cause notice inviting objections from the petitioners, hold an enquiry, wherein he shall give an opportunity of personal hearing to the petitioners, and pass a final order.
The Writ Petition is, accordingly, allowed.
As a sequel to disposal of the Writ Petition, WPMP.No.48881 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 19th December, 2014
LUR