THE HON’BLE Ms. JUSTICE G. ROHINI Writ Petition No. 17256 of 2010 Dated: 19.07.2010 Between: Samvai Towers Residents’ Welfare Association, Hyderabad. … Petitioners And The Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad. … Respondent THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 17256 of 2010 O R D E R : This writ petition is filed seeking a declaration that the notice dated 16.07.2010 issued by the respondent under Section 402 of the Hyderabad Municipal Corporation Act, 1955 calling upon the petitioner to remove the alleged unlawfully erected compound wall at Vittalwadi, Dr.No.3.5.694/1, Narayana Guda, Hyderabad is arbitrary and illegal. The petitioner states that the wall in question was constructed long back in the year 1992-1993 as per the sanctioned plan and the allegation in the impugned notice that it was un-lawfully erected is absolutely false and without any basis. I have heard the learned counsel for both parties. Having regard to the specific plea of the petitioner that the wall in question was constructed long back in the year 1993, I am of the opinion that the respondent was not justified in invoking Section 402 of the Act. Even assuming that the wall was constructed unlawfully, an opportunity ought to have been given to the petitioner to make his representation against the proposed action and after considering his explanation, if any, appropriate orders would have been passed in accordance with law. Accordingly, the Writ Petition is disposed of making it clear that the impugned notice shall be treated as a show cause notice and permitting the petitioner to submit his explanation along with the supporting material within a period of one week from today. If any such explanation is received within the time fixed above, the respondent shall consider the same and pass appropriate orders in accordance with law. Till such time, no demolition of the wall in question shall take place. No costs. ​ ____________ G.ROHINI,J Date: 19.07.2010 KLP