IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 26406 of 2008 Between: Sri Gutam Raj Reddy S/o. Sri G. Malla Reddy R/o. Waddepally, Hanamkonda Mandal, Warangal Dist. ..... PETITIONER AND 1 Municipal Corporation of Warangal Rep. by its Commissioner Warangal, Warangal Dist. 2 City Planner, Office of the Commissioner Municipal Corporation of Warangal, Warangal. 3 Smt. Chidurala Rani W/o. Sri Chidurala Ravinder Reddy R/o. 2-10-141, Waddepally Village, Hanamkonda Mandal, Warangal Dist. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, Order or Direction in the nature of mandamus or otherwise declaring the impugned order bearing Rc.No.G1/9916/04-08 dated 7-7-2008 of the 1st Respondent as ultra vires the powers of the 1st Respondent, and violative of principles of natural justice and Articles 14, 19 and 21 of the Constitution of India and consequently set aside the same. Counsel for the Petitioner: MR.M.PAPA REDDY Counsel for the Respondents 1 & 2: Mr.V.Durga Nageswara Rao The Court made the following : ORDER: On an earlier occasion, when the petitioner approached this Court and filed W.P.No.25800 of 2006, this Court having considered the submissions of the learned counsel for the petitioner and also the learned Standing Counsel appearing for the respondents-Municipal Corporation, disposed of the said writ petition with a direction to hear the petitioner as well as the unofficial respondent therein and pass appropriate orders within a period of three months. Pursuant to the said orders, the Commissioner, Municipal Corporation, Warangal, passed the impugned order on 7.07.2008. Questioning the said order again the petitioner approached this Court by filing the present writ petition. The grievance of the petitioner is that the respondents have considered the representations furnished by the petitioner but did not give any opportunity of explaining about the representations. According to him, in the light of the same, several mistakes have been occurred in passing the impugned order on 7.07.2008. From a perusal of the order impugned in this writ petition, it is clear that the authority, i.e., the Commissioner, Municipal Corporation of Warangal had looked into various documents and also the representations furnished by the petitioner as well as the unofficial respondent, but had not given an opportunity of personal hearing to both the parties. In the earlier order referred to above this Court had specifically directed the authority to hear both the parties and pass speaking order at the earliest. When once this Court has specifically directed the authority to hear both the parties, in my considered view, passing the impugned order without hearing the parties, is not sustainable. Accordingly, the order impugned in this writ petition dated 7.07.2008 passed by the first respondent is hereby set aside and the matter is remanded to the first respondent to pass appropriate orders afresh after giving sufficient opportunity to the petitioner as well as the third respondent. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is allowed at the admission stage. __________________________ (Gopala Krishna Tamada, J.) 3rd December, 2008 Js.