IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA W.P.Nos.13765 & 13766 of 2009 WRIT PETITION NO : 13765 of 2009 Between: 1 Mr. Ramkishore Kanchava, S/o. Sri Sugnaram, R/o. H.No. 15-06-177, Tulsi Kunj, Kolsawadi, Begum Bazar, Hyderabad. 2 Mrs. Premlata Kachava,, W/o. Mr. Ramkishore Kachava, R/o. H.No. 15-06-177, Tulsi Kunj, Kolsawadi, Begum Bazar, Hyderabad. 3 Mr. Jai Prakash Panwar, S/o. Bhivrja Panwar, R/o. H.No. 15-06-464, Salasar Complex, Begum Bazar, Hyderabad. ..... PETITIONERS AND 1 Greater Hyderabad Municipal Corporation, Rep by its Commissioner, BRKR Bhavan, Hyderabad. 2 The Chief City Planner, Greater Hyderabad Municipal Corporation, Tankbund, Road, Hyderabad. 3 The Assistant City Planner, Circle V, Greater Hyderabad Municipal Corporation, Abids, Hyderabad. .....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 of Mandamus" or any other writ, order, or, direction declaring the action of the respondents in issuing notice dated 07-7-2009 U/s. 636 of the Hyderabad Municipal Corporation Act, 1955 there by seeking to interfere with the construction and possession of the petitioners the property situated at Municipal No. 14-9-408 to 410/2, Chudi Bazar, Hyderabad as being illegal arbitrary, unconstitutional and contrary to the provisions of the Hyderabad Municipal Corporation act, 1955 and in violation of principles of natural justice and consequently set aside the said notice directing the respondents not to interfere with the rights of the petitioners' in their property in any manner. Counsel for the Petitioner:MR.V.M.M.CHARY Counsel for the Respondent No.: R.RADHA KRISHNA REDDY(SC FOR GHMC,SNCZONE) WRIT PETITION NO : 13766 of 2009 Between: 1 Mr.Trilokchand Bhati S/o.Sri Mojiram Bhatia R/o. H.No. 15-07-64, Anjali Complex, Begum Bazar, Hyderabad. 2 Mr.Puklhraj Bhati W/o.Sri Ramdayal Bhati R/o. H.No. 15-07-64, Anjali Complex, Begum Bazar, Hyderabad. 3 Mr.Premraj Bhati S/o.Ramlal Bhati R/o. H.No. 15-07-64, Anjali Complex, Begum Bazar, Hyderabad. ..... PETITIONERS AND 1 Greater Hyderabad Municipal Corporation, Rep by its Commissioner, BRKR Bhavan, Hyderabad. 2 The Chief City Planner, Greater Hyderabad Municipal Corporation, Abids, Hyderabad. 3 The Assistant City Planner, Circle V, Greater Hyderabad Municipal Corporation, Abids, Hyderabad. .....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 of mandamus or any other writ order or direction declaring the action of the respondents in issuing notice dated 7.7.2009 U/s.636 of the Hyderabad Municipal Corporation Act, 1955 thereby seeking to interfere with the construction and possession of the petitioners in property situated at Municipal No.14-9-408 to 410 Chudi Bazar, Hyderabad as being illegal, arbitrary, unconstitutional and contrary the provisions of the Hyderabad Municipal Corporation Act, 1955 and in violation of principles of natural justice and consequently set aside the said notice directing the respondents not to interfere with the rights of the petitioners in their property in any manner. Counsel for the Petitioner:MR.V.M.M.CHARY Counsel for the Respondent No.: R.RADHA KRISHNA REDDY(SC FOR GHMC,SNCZONE) The Court made the following COMMON ORDER: These two writ petitions are filed by the petitioners questioning the action of respondents 1 to 3 in issuing notice under Section 636 of the Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’) in respect of the property situated at Municipal Door Nos.14-9-408 to 410, Chudi Bazar, Hyderabad and, therefore, they are being heard together and are being disposed of by this common order. Heard the learned counsel for the petitioners and the learned standing counsel for the respondent Municipal Corporation. The petitioners claim to be the owners and possessors of the property admeasuring 400 square yards and 194 square yards respectively situated at Municipal Door Nos.14-9-408 to 410 of Chudi Bazar, Hyderabad having purchased the same under registered sale deeds dated 21.2.2007. After purchasing the said property, they obtained permission from the respondent authorities and started construction and while the construction of the buildings are almost at final stage, the 3rd respondent issued notice dated 7.7.2009 under Section 636 of the Act. Hence they filed these writ petitions. The main contention advanced by the learned counsel for the petitioners is that the final notice dated 7.7.2009 issued under Section 636 of the Act is not preceded by any show cause notice under Section 452 of the Act and, therefore, the same are liable to be set aside. The learned standing counsel for the Municipal Corporation submits that in similar circumstances, this Court on 7.8.2009 disposed of W.P.No.13747 of 2009 directing the petitioners therein to submit their explanations to the notice under Section 452 of the Act and directed the respondent authorities to pass final orders after considering such explanations and in this case also they will issue notices under Section 452 of the Act to the petitioners and after considering the explanations to be submitted by them, they will pass final orders. In the circumstances, the impugned notices are set aside and the petitioners are directed to submit their explanations to the notice under Section 452 of the Act within ten days from the date of receipt of such notices. On such explanations being submitted, the respondents shall consider the same and pass final orders under Section 636 of the Act. With the above directions, the writ petitions are disposed of. N.V.RAMANA,J Dt.10.8.2009 msv