HONOURABLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.4969 OF 2011 ORDER: The petitioner was accorded permission on 24-05-2010 to construct a building on an open plot, which is part of layout plan No.491/1982 at Bank Colony, Kanteshwar, Nizamabad. The Municipal Corporation, Nizamabad, the 2nd respondent herein, issued a show cause notice, dated 02-02-2011, to the petitioner alleging that the plot as regards which the permission was accorded is a part of open space in the lay out. The petitioner states that the notice was served upon him on 09-02-2011 and on the same day, he submitted explanation denying the allegation. The 2nd respondent passed an order on 09-02-2011 revoking the permission granted to the petitioner. The same is challenged in this writ petition. 2. Heard the learned counsel for the petitioner, learned Government Pleader for Municipal Administration & Urban Development and the learned Standing Counsel for the respondent No.2. 3. It is a matter of record surprising that the Municipal Corporation accorded permission to the petitioner on 24-05-2010. The petitioner was about to commence the construction. A representation was said to have been received from one Mr.V. Kishan Rao on 02-02- 2011 and on the same day, the show cause notice was issued. It is alleged that the notice was served on the petitioner on the same day. The petitioner, however, states that it was served upon him on 09-02-2011. Immediately, he submitted his explanation. The Corporation passed the impugned order on 09-02-2011 without making reference to the explanation. The impugned order suffers from several infirmities. The Corporation was required to be careful before issuing orders of this nature. 4. Hence, the Writ Petition is allowed and the impugned order is set aside. It is left open to the 2nd respondent to pass fresh orders, after taking into account, the explanation submitted by the petitioner on 09-02-2011. There shall be no order as to costs. ___________________ L.NARASIMHA REDDY, J March 01, 2011. KTL