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 : 26470 of 2008 Between: P. Chaitanya Sravanthi D/o. Sri P.B. Reddy R/o. H.No. 9-74/1, Dilsukhnagar, Hyderabad. ..... PETITIONER AND 1 The Greater Hyderabad Municipal Corporation Rep. by its Commissioner Tank Bund, Hyderabad. 2 The Assistant City Planner / Deputy Commissioner Town Planning, GHMC., L.B. Nagar Circle, Hyderabad. .....RESPONDENT(S) 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 to issue an appropriate order or direction more particularly, one in the nature of writ of mandamus declaring the Notice No.G3/TPS/101/2008, dated 1-12-2008 (Ann.I) issued by the 2nd respondent herein as illegal, arbitrary, contrary to law and against the principles of natural justice. Counsel for the Petitioner:MR.VENKATESWARLU POSANI Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.26470 of 2008 ORDER: 1 Questioning the notice dated 01.12.2008 purported to have been issued by the Deputy Commissioner, Greater Hyderabad Municipal Corporation, L.B.Nagar Circle, under Section 636 of the Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’), the petitioner approached this Court and filed the present Writ Petition. 2 According to the petitioner the said notice dated 01.12.2008 is without putting him on notice on an earlier occasion as provided under Sections 461 and 452 of the Act. 3 Having heard the learned counsel for the petitioner and the learned standing counsel appearing for the respondents, this Court is of the view that this Writ Petition can be disposed of at the stage of admission in the following manner. 4 The Notice dated 01.12.2008 issued by the Deputy Commissioner shall be treated as show cause notice and the petitioner may offer his explanation to the said notice within a period of two weeks from today and thereafter the Deputy Commissioner may pass appropriate orders under the provisions of the Act within a period of two weeks. It is needless to observe that on receipt of the explanation from the petitioner, the Deputy Commissioner may hold an enquiry into the matter by giving sufficient opportunity to the petitioner before passing any orders as stated supra. However, pending consideration of the same, the respondent authorities shall not take any coercive steps pursuant to the notice dated 01.12.2008 of the Deputy Commissioner. 5 The Writ Petition is accordingly disposed of. No order as to costs. ------------------------ SRI T.G.K, J. 03.12.2008 C.C. Today B/o kvsn