THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.7255 OF 2010 ORDER: The proceedings issued by the 2nd respondent, canceling the permission given to the petitioner vide BA No.317/G2 and 318/G2 dated 28.01.2009, is questioned in this writ petition as being illegal, arbitrary, unjust and non-est in law. The petitioner seeks a consequential direction to have the said order set aside. By the impugned notice, signed on 06.12.2009, the 2nd respondent informed the 2nd petitioner that she had commenced and carried on with the construction of R.C.C. pillars for the building having obtained permission in B.A. No.317/09 G2 dated 28.10.2009 misrepresenting facts, and misleading the Municipality, regarding ownership of the site and that others had raised objections stating that the site was allotted to them by the Revenue department. The 2nd petitioner was directed to show cause in writing as to why the permission granted earlier, in B.A. No.317/09 G2 dated 28.10.2009, should not be cancelled under Section 344(6) of the A.P. Municipalities Act, 1965, within seven days from the date of receipt of the notice, failing which further action would be taken to cancel the permission. Thereafter, vide proceedings dated 05.01.2010, the 2nd respondent, (after recording that despite a show cause notice having been issued to the petitioner under Section 344(6) she had not given any reply thereto), cancelled the permission granted earlier in B.A. No.317/09 G2 dated 28.10.2009. The petitioner has specifically pleaded in the affidavit filed in support of the Writ Petition that the show cause notice issued under Section 344(6) of the A.P. Municipalities Act, 1965 was not served on the petitioner and hence the impugned proceedings are liable to be set aside. The 2nd respondent has presented himself before this Court and would submit that the impugned order, wherein it is recorded that the notice was served on the petitioner, is factually erroneous as no such notice had, in fact, been served earlier on the petitioner. In view of the submission made in open court by the 2nd respondent, the impugned order dated 05.01.2010 is quashed. As a copy of the show cause notice is now available with the petitioner, it is open for her to file her objections thereto within a period of two weeks from today. In case such objections are filed within the aforesaid period of two weeks, the 2nd respondent shall consider the same in accordance with law; pass a reasoned order; and communicate the same to the petitioner within a period of four weeks thereafter. The Writ Petition is disposed of accordingly. No costs. ______________________________ 19.04.2010 RAMESH RANGANATHAN, J MRKR