THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY W.P.No.24178 of 2009 ORDER: The 1st respondent issued notice under Sections 441, 443, 461 and 462 of the Hyderabad Municipal Corporations Act, 1955 (for short ‘the Act’), to the petitioners, alleging that they have constructed shops in premises, bearing No.5-5-326/C, in part of the area that was earmarked for parking in the stilt floor. Reference is made to the approved plan, dated 24.08.2001. The petitioners were required to remove the unauthorized constructions within seven days. It was also indicated that, if the petitioners fail to remove the shops, the Corporation would remove them departmentally. The petitioners feel aggrieved by the same. Heard learned counsel for the petitioners and learned Standing Counsel for the 1st respondent. The grievance of the petitioners is that the respondents have straight away required them to remove the constructions, without giving an opportunity to explain. It was stated that the rules were existing for the past 15 years and they were also assessed to tax. It is no doubt true that the notice does not enable the petitioners to submit an explanation. All the same, the provision invoked by the respondents relates to show cause notices. It is only when the explanation submitted by the recipient of a notice is not satisfactory that a final notice under Section 636 of the Act is to be given. To avoid further complications in the matter, the impugned notice can itself be treated as a show cause notice enabling the petitioners to submit their explanation. The respondents have to issue notice under Section 636 of the Act, if only the explanation submitted by the petitioners is not satisfactory. Hence, the Writ Petition is disposed of, directing that, a) the impugned notice shall be treated as a show cause notice and it shall be open to the petitioners to submit their explanation within three weeks from today; b) it shall be open to the respondents to issue final notice under Section 636 of the Act, or to pass any final orders, after taking into account the explanation that may be submitted by the petitioners; c) till such exercise is completed, the respondents shall not demolish the structures. There shall be no order as to costs. ______________________ L.NARASIMHA REDDY, J Dated:09.11.2009 Note: Furnish C.C. by tomorrow. (B/o) GJ