THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 20432 of 2009 Oral order: Pursuant to the notice dated 03.09.2009, issued by respondent No.1, under Section 452 of the Hyderabad Municipal Corporation Act, 1955, calling upon him to show cause within ten days as to the unauthorized constructions made by him contrary to the sanctioned plan, should not be removed/demolished, the petitioner states that he submitted his explanation on 19.09.2009. However, even before submission of his explanation, respondent No.1 issued final notice dated 17.09.2009 under Section 636 of the Hyderabad Municipal Corporation Act, 1955, directing the petitioner to remove the unauthorized constructions within three days otherwise they will be demolished. The learned counsel for the petitioner submitted the constructions, which the respondents contend are unauthorized and contrary to the sanctioned plan, as indicated in the show cause notice, were made much to the year 2001. He submitted that since the time granted by respondent No.1 in the impugned notice, was not sufficient, the petitioner could not submit the explanation in time, and even before the petitioner submitted his explanation, respondent No.1 issued the impugned final notice, which is illegal and arbitrary, Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents, and having regard to the facts and circumstances of the case, both of them agreed to the disposal of the writ petition with the following directions: The impugned final notice dated 17.09.2009, issued by respondent No.1 under Section 636 of the Hyderabad Municipal Corporation Act, 1955 is set aside. The respondents shall consider the explanation dated 19.09.2009 submitted by the petitioner to the show cause notice dated 03.09.2009 issued by respondent No.1 under Section 452 of the Hyderabad Municipal Corporation Act, 1955, and pass appropriate orders. Thereafter, based on the orders to be passed, the respondents are at liberty to take necessary action. Till such time, status quo obtaining as on today shall be maintained by the parties. Accordingly, the writ petition is disposed of. No costs. _________________ N.V. RAMANA, J. Date: 22nd September, 2009 Note: Issue CC today. (B/o) KSR