THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 20238 OF 2010 Dated: 18.08.2010 Between: Naresh Ratiwal and others ..... PETITIONERS AND The Greater Hyderabad Municipal Corporation, rep. By its Commissioner, Tank Bund, Hyderabad and another .....RESPONDENTS The Court made the following : THE HON’BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 20238 OF 2010 ORDER: This writ petition is filed seeking a declaration that the action of the 1st respondent in issuing a notice dated 12.08.2010 under section 636 of the Hyderabad Municipal Corporation Act, 1955 (for short, ‘the Act’) calling upon the petitioners to remove the alleged unauthorized constructions made by the petitioners in the premises No.3-5-99/1 situated at Rajmohalla, opposite to Shalimar Theater, Hyderabad, as arbitrary and illegal. It is primarily contended that the action of the respondents without issuing any prior notice as required under Section 452 of the Act is arbitrary and illegal. Sri R.Ramachandra Reddy, who accepted notice for the respondents, could not dispute the fact that there was no such prior notice under Section 452 of the Act. 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-Corporation to initiate fresh proceedings in accordance with law. No costs. ___________ G. ROHINI, J Date: 18.08.2010 Ivd