IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 7715 of 2008 Between: Manikonda Balakotaiah, S/o. Rama Murthy, R/o. Plot No.15 Pavan Vihar Colony, New Bowenpally, Secunderabad-500 011. ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation, Alwal Circle, Rep by its Dy.Commissioner. 2 Sri, P. Viswanath, S/o. P.Siva Sankar, R/o. Plot No.33, Maruthinagar, Lothukunta, Secunderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue writ, order or direction more in the nature of mandamus or any other appropriate writ declaring the impugned Proc.No.D/1897/2007-08-BA No.G1/538/2007 of the 1st Respondent dated 22-01-2008 served on the Petitioner on 29-03- 2008 in cancelling the building permission granted to the petitioner as illegal, arbitrary contrary to the principles of natural justice, the relevant provisions of the Hyderabad Municipal Corporation Act and consequentially to setaside the said impugned proceedings dated 22.01.2008 of the 1st Respondents. Counsel for the Petitioner : Sri K.Ananda Rao Counsel for Respondent No.1 : Sri R.Ramachandra Reddy The Court made the following O R D E R: This writ petition has been instituted to declare proceedings No.D/1897/2007-08-BA No.G1/538/2007 passed by the 1st respondent on 22nd January 2008, cancelling the building permission granted to the petitioner, as illegal and arbitrary. When this writ petition came up before this Court on 9th April 2008, learned Standing Counsel for Municipal Corporation sought time to ascertain from the Greater Hyderabad Municipal Corporation, Alwal Circle as to whether the show cause notice dated 11th January 2008 referred to at Sl.No. 4 of the references found in the impugned order dated 22nd January 2008 has been served or not. Today, the learned Standing Counsel submits that the show cause notice has, in fact, been served on the watchman of the writ petitioner at the site and it has been acknowledged by him. This fact is disputed by the learned counsel for the petitioner. Instead of keeping the writ petition pending any further, the learned counsel on both the sides agreed that the copy of the show cause notice dated 11th January 2008 issued by the respondent – Corporation will be collected by the learned counsel for the petitioner today itself and that he also solicits a copy of the objection petition said to have been submitted by Sri P. Viswanath, S/o P. Siva Sankar, plot No.33, Maruthinagar Lothukunta, Secunderabad, dated 4th January 2008 and that the petitioner would submit his reply thereto within a maximum period of 15 days, at any rate before 15th May 2008 and after considering the matter on its merits, appropriate orders with reasons, be passed within a further period of three weeks thereafter, at any rate before 16th June 2008. With this, the writ petition stands disposed of. All other contentions canvassed are kept open, as there is no occasion to adjudicate them. There shall be no order as to costs. (NOOTY RAMAMOHANA RAO, J) 21st April 2008 Note: Issue CC in three days. (bo) ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS}