IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD TUESDAY, THIS THE 29th DAY OF DECEMBER, 2009 W.P.No.27877 of 2009 Between: T.Swarna Latha ... PETITIONER(S) and The Commissioner, Warangal Municipal Corporation, Warangal. …RESPONDENT(S) THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY W.P.No.27877 of 2009 ORDER: Petitioner submitted an application to the respondent- Corporation on 12.06.2009 seeking permission to construct a house on premises bearing no.9-3-89, Girmajipet, Warangal, and a sum of Rs.45,125/- was deposited under various heads in that regard. Through a Memo dated 25.07.2009 the respondent-Corporation rejected the application of the petitioner by stating the following three reasons. (1) The applicant has not submitted the required link documents. (2) There are two tiled houses constructed by others 20 years back in which site the applicant (petitioner herein) going to make construction. (3) The applicant has not fixed the boundary stones to identify the site. Petitioner challenges the said memo contending that had a notice been issued to her she would have shown the documents, boundaries etc., and satisfy the respondents in all respects. Heard the learned counsel for petitioner and the learned Standing Counsel for Warangal Municipal Corporation. The respondent-Corporation has processed the application submitted by the petitioner and it appears that a local inspection was caused and certain features were noticed and incorporating the same, the respondent-Corporation has passed the impugned memo. Before the respondent-Corporation forms an opinion, on various aspects, it ought to have issued a notice to the petitioner or sought clarification from her. The opinion formed by the respondent-Corporation without hearing the petitioner cannot constitute the basis for rejection of her application. Therefore, the impugned memo is liable to be set aside on this short ground. The writ petition is, accordingly, allowed. The petitioner shall treat the impugned memo as a show cause notice to her and she shall be entitled to submit the relevant documents and offer her explanation on the three aspects referred to above, within a period of fifteen (15) days from today. The respondent-Corporation shall take the same into account and pass appropriate orders thereon under communication to the petitioner. There shall be no order as to costs. __________________________ L.NARASIMHA REDDY, J 29th December 2009 CVRK Note: Office to issue copy within one week. B/o CVRK