THE HON’BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.21262 OF 2011 Dated: 28.07.2011 Between: K.Guravaiah … Petitioner And The Kurnool Municipal Corporation, rep. by Its Commissioner, Kurnool. … Respondent THE HON’BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.21262 OF 2011 ORDER : The petitioner has been running a hotel in the premises bearing No.46/87-57, Budwarpet, Kurnool. He had earlier filed W.P.No.32449 of 2010 challenging the notice dated 8.11.2010 issued by the respondent – Kurnool Municipal Corporation (hereinafter referred to as ‘the Corporation’)- calling upon the petitioner to stop the construction work in the above said premises alleging that the petitioner was proceeding with the construction without prior permission from the Corporation. This Court by order dated 22.12.2010 made in WPMP.No.41238 of 2010 directed the Corporation not to demolish the 2nd floor of the premises in question. However liberty was granted to the Corporation to demolish any other unauthorized structure including the floors over and above the 2nd floor. Thereafter, the notice dated 26.7.2011 came to be issued by the Corporation purportedly in terms of the order dated 22.12.2010 in WPMP.No.41238 of 2010 directing the petitioner to remove the unauthorized structures including the floors over and above the 2nd floor of the premises in question within 24 hours from the date of receipt of the said notice, failing which the unauthorized constructions including the floors over and above the 2nd floor would be removed / demolished by the Corporation as per the provisions of Section 636 of the Greater Hyderabad Municipal Corporation Act, 1955. Aggrieved by the said notice, dated 26.7.2011, the present writ petition is filed contending that the action of the Corporation is illegal, arbitrary and mala fide. It is pleaded in the writ petition that no structures are there in the premises over and above the 2nd floor except the slab for 3rd and 4th floors upon which apart from making a provision for lift, a overhead tank is erected as the petitioner is running a hotel in the premises. According to the petitioner, the erection of the said water tank is in accordance with law and therefore the impugned notice for removal of the alleged unauthorized structures is unwarranted. I have heard the learned Counsel for the petitioner and Sri B. Hanumantha Rao, the learned Standing Counsel appearing for the respondent Corporation. A perusal of the impugned notice itself makes it clear that the same was issued without issuing any prior notice to the petitioner. It is true that this Court by order dated 22.12.2010 in WPMP.No.41238 of 2010 granted liberty to the Corporation to demolish any other unauthorized structures including the floors over and above the 2nd floor. However before taking action for demolition of such unauthorized structures, if any, it is necessary for the Corporation to issue a notice giving an opportunity to the petitioners to make his representation against the proposed action. Since no such opportunity was given to the petitioner, without expressing any opinion on merits of the case, I deem it appropriate to dispose of the writ petition permitting the petitioner to submit his explanation on or before 5.8.2011 treating the impugned notice as a show-cause notice. If any such explanation is received within the time fixed above, the respondent shall consider the same and pass appropriate orders in accordance with law. Till such time, there shall not be demolition of the structures in the premises in question pursuant to the impugned notice dated 26.7.2011. Writ Petition is accordingly disposed of. No costs. ______________ G. ROHINI, J. Dt. 28.07.2011 Note:- CC by tomorrow. (B/O) gbs