HON’BLE MS. JUSTICE G.ROHINI W.P.No. 19874 of 2010 Date : 13-08-2010 Between: V.Rama Durga Chary …Petitioner And The Commissioner &Special Officer, Greater Hyderabad Municipal Corporation, Tank Bund, Hyderabad & others. …Respondents HON’BLE MS. JUSTICE G.ROHINI W.P.No. 19874 of 2010 O R D E R: This writ petition has been filed seeking a declaration that the Notice dated 3-7-2010 issued by the respondent No. 1 U/Sec. 402 of HMC Act, 1955 directing the petitioner to remove the unauthorised constructions made by him encroaching upon the road margin at premises No. 11-1-427, Chilakalaguda, Secunderabad is illegal and arbitrary. Heard learned counsel for the petitioner as well as the learned Standing Counsel appearing for the respondent Nos. 1 and 2. The impugned notice was admittedly preceded by a show cause notice dated 24-4-2010 calling upon the petitioner to produce the copies of the ownership documents along with the sanctioned plan within seven days. The petitioner states that in response to the said notice, he had submitted his explanation together with all the supporting documents as called for. It is pleaded that without considering the petitioner’s complaint the impugned notice dated 3-7-2010 was issued directing removal of the constructions and immediately thereafter the petitioner gave a detailed reply on 13-07-2010 bringing to the notice of the 2nd respondent that he had purchased the house in question under a registered sale deed and the alleged encroachment was incorrect. As the material available on record shows that the petitioner’s reply was received in the office of the respondents 1 and 2 on 13-07- 2010 itself it would be appropriate to direct the respondents 1 to 3 not to take any steps for removal of the structures in question without considering the said explanation offered by the petitioner. Accordingly, impugned notice dated 3-7-2010 is hereby set aside and the writ petition is disposed of directing the respondents 1 and 2 to pass appropriate orders afresh after taking into consideration the petitioner’s explanation dated 13-07-2010. No costs. _________ 13-8-2010 Mjl/*