IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND TEN PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 14058 of 2010 Between: Sunil Agarwal ..... PETITIONER AND Greater Hyderabad Municipal Corporation, rep. by its Commissioner, Head Office, Tankbund Road, Hyderabad and others .....RESPONDENTS The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 14058 OF 2010 O R D E R : This writ petition is filed seeking a declaration that the notice dated 14.06.2010 issued under Section 636 of the Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’) calling upon the petitioner to remove the alleged unauthorized construction of M/s. Krishna Bangle Stores, on the ground floor of Rajeshwari Devi commercial complex, House No. 5-3-809 situated at Goshamahal, Mallakinta, Hyderabad, is arbitrary and illegal. It is primarily contended on behalf of the petitioner that the impugned notice was contrary to statutory provisions apart from being violative of the principles of natural justice as it was not preceded by a show cause notice under Section 452 of the Act. Nothing could be placed before this Court by the learned counsel for the respondents to show that any notice under Section 452 of the Act was served on the petitioner before issuing the impugned notice. In the circumstances, the impugned notice is liable to be set aside on that ground alone. Accordingly, the impugned notice is hereby set aside and the Writ Petition is disposed of leaving it open to the respondents to issue a fresh notice under Section 452 of the Act and take appropriate action following due process of law. No costs. ​ ____________ Date: 22.06.2010 G. ROHINI, J Note: Issue CC of order in two days (B/o) Ivd