IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON'BLE Ms. JUSTICE G. ROHINI W.P.No.20360 OF 2011 Date: 25.07.2011 Between: N.Nagaraju .. Petitioner AND The Greater Hyderabad Municipal Corporation, rep. by its Commissioner, Hyderabad and another. … Respondents ORDER: This writ petition is filed seeking a declaration that the notice dated 28.06.2011 issued by the second respondent under 636 of Hyderabad Municipal Corporation Act, 1955 (for short, ‘the Act’) directing the petitioner to remove the alleged unauthorized constructions made in premises No.13-117, P & T Colony, Saroor Nagar Division within 24 hours is illegal and arbitrary. It is not in dispute that a show cause notice dated 20.05.2011 under Sections 452 (1) and 461(1) of the Act preceded the impugned proceedings. It is pleaded by the petitioner that the allegation that the structures in question were unauthorisedly raised was incorrect. It is also stated that in fact, he submitted a detailed explanation denying the allegations, but the impugned proceedings came to be issued without considering his explanation. Heard the learned counsel for both the parties. It is apparent that the impugned order directing removal of alleged unauthorized constructions was passed without taking into consideration the petitioner’s version. Having regard to the specific case of the petitioner that a detailed explanation was submitted, a copy of which is available at page No.30 of the material papers filed along with the writ petition, I deem it appropriate to direct the respondents to pass an appropriate order afresh after considering the explanation of the petitioner. Accordingly, without expressing any opinion as to the correctness of the allegations, the impugned notice dated 28.06.2011 is hereby set aside and the writ petition is disposed of with a direction to respondent Nos.1 and 2 to consider the petitioner’s explanation dated 27.05.2011, which is available at page No.30 of the material papers filed along with this writ petition and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of two (2) weeks from the date of receipt of a copy of this order. Till such time, there shall not be demolition of the structures in question. There shall be no order as to costs. _____________ G.ROHINI, J 25th July, 2011. AMD THE HON'BLE Ms. JUSTICE G. ROHINI W.P.No.20360 OF 2011 Date: 25.07.2011 AMD