THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO.25092 OF 2009 ORDER: The petitioner claims to be the owner of premises bearing No.5-5-326/C/4, Reservoir Road, a shop in the stilt area of a complex. The 1st respondent issued proceedings dated 24.10.2009 requiring the petitioner to demolish the shop. Reference was made to the order of this Court in W.P.No.15591 of 2006. The petitioner challenges the same. Heard the learned counsel for the petitioner, and the learned Standing Counsel for the respondents. The order passed by this Court in W.P.No.15591 of 2006 has absolutely nothing to do with the subject matter. The intention of the 1st respondent in issuing the impugned proceedings to the petitioner was to demolish a shop constructed in the stilt area of a complex. Assuming that there is any violation on the part of the petitioner, the respondents are under obligation to issue show cause notice. It is not a case where the petitioner is alleged to have encroached any road that is vested in the Municipal Corporation. Therefore, the impugned proceedings cannot be sustained in law. However, this can be treated as a show cause notice and the petitioner can be permitted to submit explanation within two (2) weeks from today. Thereafter, it shall be open to the 1st respondent to pass appropriate orders on a consideration of the explanation submitted by the petitioner. Hence, the writ petition is disposed of directing that the impugned proceedings shall be treated as a show cause notice and it shall be open to the petitioner to submit explanation within two weeks from today. The 1st respondent shall pass further orders or issue fresh notice on a consideration of the explanation. Till such exercise is completed, the respondents shall not interfere with the possession and enjoyment of the premises. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J Date: 19.11.2009 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO.25092 OF 2009 Date: 19.11.2009 JSU