THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.24148 of 2009 ORDER: The petitioner was served with a notice dated 14.09.2009 issued under Sections 405 and 406 of the Hyderabad Municipal Corporation Act (for short ‘the Act’) by the 1st respondent directing him to remove the shed and vacate the premises, which are earmarked for reserved open space lay out plan No.14/70 of Narasimha Nagar, within three days. The petitioner claims to have purchased a plot of 329 square yards being part of lay out plan No.14/70 through sale deed dated 13.02.2008 from one Smt.Nakkana Kanaka Mahalakshmi. It is stated that the plot is assigned Door No.45-58-1/16. In the impugned notice, it was mentioned that the owners of the plots in the lay out complained that the open space earmarked in the lay out is occupied by certain persons. Acting on the same, enquiry was undertaken by the 1st respondent and the impugned notice was issued. The grievance of the petitioner is that he has not been put on notice and unilaterally an order was passed requiring him to remove the shed and vacate the land. Heard the learned counsel for the petitioner and the learned counsel for the respondents. It is no doubt true that Sections 405 and 406 of the Act empowers the Municipal Corporation to remove the encroachments. From the impugned notice, it is evident that a semblance of enquiry was conducted with reference to the location of various plots and the open land. That however was done in the absence of the petitioner. Since he happens to be the immediate affected person, the respondents are under obligating to hear the version of the petitioner also. This Court is of the view that the impugned notice can be treated as a show cause notice and the petitioner can be permitted to submit his explanation. Therefore, the writ petition is disposed of directing that it shall be open to the petitioner to submit explanation to the impugned notice within a period of 15 days from today. The 1st respondent shall take the same into account and pass final orders thereafter. Till such exercise is undertaken, status quo obtaining as on today shall be maintained. There shall be no order as to costs. __________ 10.11.2009 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.24148 of 2009 Date: 10.11.2009 JSU