HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No. 4756 of 2010 Between: Saripudi Anil Kumar. ..... PETITIONER AND The Government of A.P. rep. By its Principal Secretary Municipal Administration, Srecretariat, Saifabad, Hyderabad and others. .....RESPONDENT(S) HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No. 4756 of 2010 ORDER: Heard Sri E.V.S.S. Acharyulu, learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Sri V.Ch.Naidu, learned Standing Counsel appearing on behalf of respondents 2 and 3 and at their request the writ petition is being disposed of at the admission stage. The petitioner is aggrieved by the action of the respondents in issuing a notice dated 25.01.2010 under Sections 42(1) and 43(1) of the A.P. Urban Areas (Development) Act, 1975 (for short ‘the Act’), Section 452 of the Hyderabad Municipal Corporation Act, 1955 and G.O.Ms.No. 688 dated 30.12.2006, calling upon him to show cause as to why proceedings should not be initiated to remove the illegal construction. The petitioner was called upon to stop the construction undertaken by him forthwith and was informed that, if no reply was received within the prescribed time, proceedings would be issued as per the Act and Section 452 of the Hyderabad Municipal Corporation Act, 1955, to remove the illegal construction and development. Sri E.V.S.S. Acharyulu, learned counsel for the petitioner, would contend that the second respondent, who issued the said notice, lacks jurisdiction to take action under Sections 42(1) and 43(1) of the Act. It is not in dispute that the second respondent has the power to issue a notice under Section 452 of the Hyderabad Municipal Corporation Act, 1955 as extended to the Guntur Municipal Corporation. As such the impugned notice cannot be said to be wholly without jurisdiction. Ends of justice would be met if the petitioner is permitted to submit his reply to the impugned notice, including on the question of his lack of jurisdiction to initiate action under Sections 42(1) and 43(1) of the Act, direct the first respondent to consider the same and then take action in accordance with law. The Writ Petition is disposed of giving liberty to the petitioner to file his reply to the show cause notice within 15 days from today. In case such a reply is made within the time stipulated hereinabove, the first respondent shall consider the same, pass a reasoned order thereupon and thereafter take action strictly in accordance with law. However, in the circumstances, without costs. RAMESH RANGANATHAN,J Date:10.03.2010 usd