THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO.23349 OF 2009 Dated 13th November, 2009 Between: Y.Kamal Kumar …Petitioner And Municipal Corporation, Tirupati …Respondent The Court made the following ORDER: The petitioner claims to be the owner of premises bearing No.5-5-326/C3, Reservoir Road, a shop in the stilt area of a complex. The respondent-Corporation, issued proceedings dated 23.10.2009 under Sections 441, 443, 461 and 462 of the Hyderabad Municipal Corporation Act, 1955 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 Sri D.Prakash Reddy, learned Senior Counsel for the petitioner, and Sri S.I.Newton, learned Standing Counsel for the respondent. 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 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 respondent is 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 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 respondent shall pass further orders or issue fresh notice on a consideration of the explanation. Till such exercise is completed, the respondent shall not interfere with the possession and enjoyment of the premises. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J Dated 13th November, 2009 vrn