THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 20130 OF 2010 Dated: 16.08.2010 Between: Anil Parate and another ..... PETITIONERS AND The Greater Hyderabad Municipal Corporation, Rep. by its Commissioner, Hyderabad and others .....RESPONDENTS The Court made the following : THE HON’BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 20130 OF 2010 ORDER: The petitioners herein claim to be in occupation of the ground floor of the premises bearing Door Nos. 5-1-927 and 5-1-928 situated opposite Pattarki Masjid, Gowliguda, Near Putli Bowli, Hyderabad. This writ petition is filed seeking a declaration that the notices dated 12.08.2010 issued by the 1st respondent purportedly under Section 456 of the Hyderabad Municipal Corporation Ac, 1955 (for short, ‘the Act) calling upon the petitioners to vacate and remove the premises within three days, failing which the same would be pulled down/demolished departmentally by the Corporation as arbitrary and illegal. I have heard the learned counsel for both parties and perused the material available on record. It is not disputed before this Court that the 4th respondent herein had earlier filed W.P.No.15156 of 2010 seeking permission for demolition of the premises in question at his own cost, claiming that he was the owner of the premises in question and that the building which was 80 years old was in a dilapidated condition. The said writ petition was disposed of by this Court by order dated 7.7.2010 at the stage of admission with a direction to the Corporation to consider the representations of the petitioner therein for permission to demolish the building and pass appropriate orders in accordance with law within a period of eight weeks. The impugned notices show that pursuant to the said order passed by this Court in W.P.No.15156 of 2010, the condition of the premises in question was referred to the Executive Engineer, Division-VI of Greater Hyderabad Municipal Corporation and vide report dated 06.07.2010 it was opined by the Executive Engineer that the first floor of the building was in totally dilapidated condition and that there was every possibility that the ground floor may also be affected. On the basis of the said report, the impugned notices were issued calling upon the petitioners herein to vacate and remove the dilapidated houses. Aggrieved by the same, the present writ petition is filed. It is vehemently contended by the learned counsel for the petitioners that as there was no prior notice to the petitioners as required under Section 456 of the Act, the impugned notices for demolition of the structures are arbitrary and illegal. It is also contended that the petitioners made detailed representations dated 10.08.2010 and 11.08.2010 expressing their willingness to assist and cooperate in implementing the report of the Executive Engineer and also undertaking to demolish the first floor of the building without effecting the ground floor by taking all precautions without causing any inconvenience to the public or neighbourers and the impugned notices which were issued without considering the said representations dated 10.08.2010 and 11.08.2010 are unjustified and unwarranted. Having regard to the facts and circumstances of the case, particularly the fact that the petitioners’ representations are yet to be considered, I deem it appropriate to dispose of the Writ Petition with a direction to the respondents 1 to 3 to consider the representations of the petitioners dated 10.08.2010 and 11.08.2010 and pass appropriate orders in accordance with law after giving an opportunity of hearing to the petitioners as well as the 4th respondent. Such orders shall be passed as expeditiously as possible preferably within a period of two weeks from the date of receipt of this order. Till such time, the impugned notices shall not be given effect to so far as the premises in occupation of the petitioners herein are concerned. No costs. ___________ G. ROHINI, J Date: 16.08.2010 Note: Issue CC of order by tomorrow. (B/o) Ivd