THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.4791 of 2011 ORDER: The petitioner is the proprietor of an advertising agency. She was awarded the contract by the Municipal Corporation, Kakinada, the 2nd respondent herein, for erecting the signboards, on the road divider between Indrapalem Bridge and Z.P. Centre, at various places in Kakinada Town. On 19.02.2011, the 2nd respondent issued proceedings requiring the petitioner to remove the advertisement boards and handover the same to the Corporation. It was alleged that the petitioner had violated the rule as to distance between each of the advertisement boards and in spite of repeated requests, the anomaly was not corrected. The petitioner submits that she erected the boards strictly according to the specifications and the contract is in force till the end of the year 2011. She feels aggrieved by the orders, dated 19.02.2011. Heard learned counsel for the petitioner and learned Standing Counsel for the 2nd respondent. The only basis indicated in the impugned order is that the petitioner did not take corrective steps, even after being informed that the distance between each pole is not properly maintained. There is no reference to any notice said to have been issued, in this regard. The contract in favour of the petitioner is valid till 31.12.2011. The removal of poles would naturally result in termination of the contract. It is fundamental that a show cause notice must be issued to the petitioner, before any penal action is taken. If the only complaint of the respondents is that the distance is not properly maintained, specific instances in this regard can be brought to the notice of the petitioner and if the petitioner does not rectify the mistakes, further action can be taken. The impugned order is not preceded by such an exercise. Hence, the writ petition is allowed and the impugned order is set aside. It shall be open to the 2nd respondent to issue notice to the petitioner indicating the violations on her part, if any, as well as steps to be taken by her. The petitioner shall be under obligation to take the corrective steps within seven days from the date on which the notice, or proceedings, that may be issued by the 2nd respondent, was served upon her. There shall be no order as costs. _____________________ L. NARASIMHA REDDY, J. Dt.25.02.2011. GJ