IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 27209 of 2008 Between: S.Sadananda Reddy S/o.Bakkareddy R/o. Plot No.27, Nagarjuna Colony, Vanasthalipuram, R.R. District, rep. by his GPA Holder S.Bakka Reddy S/o. Agi Reddy Age: 48 Yrs. Occ: Business R/o. Plot No.27 Nagarjuna Colony, Vanasthalipuram, R.R. District. ..... PETITIONER AND The Dy. Commissioner, The Greater Hyderabad Municipal Corporation, L.B. Nagar Circle, Hyderabad. .....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 issue writ or direction preferably writ of Mandamus declaring the order issued by the respondent in proceedings No.A1/3060/2008 dt. 25.11.2008 as illegal, arbitrary and violative of principles of natural justice and consequently set aside the same, and pass such other or further orders. Counsel for the Petitioner:MR.KOWTURU VINAYA KUMAR Counsel for the Respondent No.: . The Court made the following : THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA W.P.No.27209 of 2008 O R D E R: Questioning the proceedings, dated 25.11.2008, issued by the respondent, whereby the house bearing No.5-8-289/2 situated at Saga Complex allotted to the petitioner vide Special Notice No.11633, dated 26.12.2006, is cancelled, the petitioner approached this Court and filed the present writ petition. The case of the petitioner is that he is the absolute owner and possessor of the house bearing No.5-8-289/2 situated on the northern part of the Plot No.311/1 admeasuring 180 sq. yards in Sy.No.200 (old) 200/1 (new) situated at Sagar complex in Sahebnagar Kalan (v), Hayathnagar (M), Ranga Reddy District, having purchased the same from one Sri M.Krishnareddy, under registered sale deed No.1710/2006, dated 01.02.2006, and thereafter he got constructed a house and compound wall thereon and since then he has been in possession of the said property and regularly paying necessary property tax to the respondent. While so, when the respondent officials were interfering with his possession of the said property at the instance of one K.Jagannadham, he filed O.S.No.71 of 2008 on the file of II- Senior Civil Judge, Ranga Reddy District, and obtained injunction order in I.A.No.83 of 2008 on 24.01.2008 and the same is subsisting. The grievance of the petitioner is that the respondent authority, without issuing any show cause notice and without affording him an opportunity of hearing, issued the proceedings, dated 25.1.2008, which is challenged herein. Hence, this writ petition. Heard the learned counsel for the petitioner and the learned Standing counsel appearing for the respondent. Since the grievance of the petitioner is that the proceedings, dated 25.11.2008, challenged herein, is issued without issuing him any notice, the petitioner is hereby directed to treat the same as a show cause notice and offer his explanation within a period of two weeks from the date of receipt of a copy of this order and thereupon the respondent authority, without reference to the pendency of the said suit, shall pass appropriate orders therein within a period of two weeks thereafter. Till such time, the respondent authority is directed not to take any coercive steps such as eviction etc., of the petitioner from the subject property. Accordingly, the writ petition is disposed of. No order as to costs. ____________________________ JUSTICE GOPALAKRISHNA TAMADA 23rd December, 2008 PNV THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA W.P.No.27209 of 2008 23rd December, 2008