IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 4882 of 2002 Between: PUNNOOSE BABY S/O. LATE V.K.PUNNOOSE R/O. H.NO. 3-13/110, SRINIVASAPURAM, RAMANTHAPUR, HYDERABAD. ..... PETITIONER AND THE COMMISSIONER, UPPAL KALAN MUNCIPALITY, RANGA REDDY DISTRICT. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue writ of certiorary by calling for the records and quash the impugned notice no. TPS-II/ENCR/2002 dt. 14.3.2002 issued by the respondent and pass Counsel for the Petitioner:MR.SHASHIDHAR GURUVULA Counsel for the Respondent No.: MR.K.VENUGOPAL REDDY (SC FOR MUNICIPAL) The Court made the following : THE HONOURABLE SRI JUSTICE L. NARASIMHA REDDY W.P.No.4882 of 2002 ORDER: The petitioner claims to be owner of premises bearing House No. 1-33/17/IA on Plot No.117/A, Saraswathi Colony, in Survey No.590/A of Uppal Kalan village, admeasuring 212 square yards. It is stated that he submitted a construction plan on 16-04-2001 to the Uppal Kalan Municipality- the respondent herein by remitting a sum of Rs.22,310/- under a receipt, seeking permission to construct a house. The petitioner contends that he did not receive any order according permission or rejecting the application and that on the strength of the deemed permission, he has constructed the house in accordance with the sanctioned plan. The respondent issued a notice, dated 14.3.2002. It was mentioned that a provisional order under sub-section (2) and final order under sub-section (3) of Section 228 of the Andhra Pradesh Municipalities Act,1965 (for short “the Act”) were passed against the petitioner pointing out that he constructed R.C.C. building unauthorizedly in Plot No.117/A and that one Mr. Bheem Kishan has filed a petition against the structures made by him. The petitioner was required to remove the structures erected by him within 24 hours with a threat that in default, the structures would be removed by them and the expenditure incurred thereon would be recovered from the petitioner. The said notice is challenged in this writ petition. Heard the learned counsel for the petitioner. The respondent did not file any counter affidavit. From a perusal of the impugned notice, it is evident that reference was made to the provisional and confirmation orders said to have been passed under Section 228 of the Act. They were mentioned as reference 1 and 2. However, neither the reference number nor the date thereof is furnished. It is only an objection petition dated 14-3-2002 said to have been filed by A.Bheem Kishan, that is not fully described. Any steps for demolition under Section 228 of the Act can be taken only after the prescribed procedure is followed. A notice of demolition cannot be issued without the authority being sure about the provisional and final orders. In his representation, dated 15.3.2002, the petitioner stated that he has submitted an application for sanction and deemed permission was approved to him. This court is of the view that the respondent or its present successors can treat the impugned notice as a show cause notice and representation dated 15.3.2002 filed by the petitioner as an explanation, and reexamine the matter. The petitioner deserves to be issued notice before any further steps are taken. Hence, the writ petition is allowed, setting aside the notice dated 14.3.2002 and directing that the same shall be treated as a show cause notice and representation dated 15.3.2002 submitted by the petitioner as explanation thereto. Further action, if any, can be taken by the respondent or its successors, only after service of notice on the petitioner. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J 27.11.2008 Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MADHURI}