HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.12767 of 2011 Date : 13-9-2011 Between : Mattaparthi Venkata Satyanarayana and others .. Petitioners And The Commissioner and Director of Municipal Administration, A.P., Hyderabad and others .. Respondents Counsel for petitioners: Sri K. Chidambaram Counsel for respondent No.1: G.P. for Municipal Administration & Urban Development Counsel for respondent Nos.2 & 3 : Sri S. Nageswara Rao The Court made the following: ORDER: The petitioners who claim to be in possession of the land belonging to the Zilla Parishath, filed this Writ Petition assailing notice Roc.No.105/2009-G1, dated 15-4-2011, whereby the former were asked to remove the unauthorized constructions raised by them, within 10 days, failing which respondent No.3 will remove those constructions and recover the expenses therefor from the petitioners. At the hearing, Sri K. Chidambaram, learned counsel for the petitioners, submitted that before issuing the impugned proceeding, which, though is styled as a notice, is in the nature of a final order directing the petitioners to remove the structures, no show cause notice was issued calling for their objections. A detailed counter-affidavit is filed on behalf of respondent No.3. In my opinion, even if the petitioners have unauthorisedly constructed the shop rooms, they are entitled to at least an opportunity of explaining their case before the action for removal of the alleged unauthorized structures is taken. As this mandatory procedure is not followed, the impugned proceeding cannot be sustained. Accordingly, in stead of setting aside the impugned proceeding, it is directed that the same be treated as a notice and the petitioners are permitted to file their objections thereto within a period of three weeks from today. On the expiry of three weeks, if the objections are received by respondent No.3 from the petitioners, the same shall be considered and appropriate order is passed before seeking to proceed further against the alleged unauthorized constructions. Till this exercise is completed, respondent No.3 shall not interfere with the possession of the shops in occupation of the petitioners. Subject to the above directions, the Writ Petition is disposed of. As a sequel, WPMP No.15531/2011 is disposed of as infructuous. ________________________ Justice C.V. Nagarjuna Reddy Date : 13-9-2011 AM