THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.10932 of 2007 ORDER: The petitioner was accorded permission on 29.03.2004 to construct a building in a plot 760 square yards in survey No.1195/A, Santhosh Nagar, Ramnagar, Karimnagar and that the construction was commenced. It is stated that, when his paternal uncle, the 2nd respondent herein started interfering with his possession, the petitioner filed O.S.No.55 of 2007 in the Court of Senior Civil Judge, Karimnagar for the relief of perpetual injunction and that an order of temporary injunction was granted on 03.04.2007. On a complaint submitted by the 2nd respondent, the Commissioner Municipal Corporation, the 1st respondent issued a show cause notice on 11.04.2007. The petitioner filed W.P.No.7753 of 2007. During the pendency of the writ petition, the 1st respondent is said to have issued proceedings dated 17.04.2007 withdrawing the show cause notice, and mentioning that the petitioner and the 2nd respondent shall resolve their dispute in the pending suit. Another show cause notice said to have been issued on 28.04.2007 on a complaint made by the 2nd respondent, was served upon the petitioner on 08.05.2007. The petitioner states that he submitted explanation on 19.05.2007. The 1st respondent passed an order dated 08.05.2007 cancelling the permission, in exercise of power under Section 450 of the Hyderabad Municipal Corporation Act. It was stated that the petitioner did not submit any explanation. Heard learned counsel for the petitioner, learned standing counsel for the 1st respondent and learned counsel for the 2nd respondent. At the instance of the 2nd respondent, the 1st respondent initially issued a show cause notice, on 11.04.2007. The petitioner approached this Court and even while the writ petition was pending, the 1st respondent realized the fact that a suit filed by the petitioner is pending. Therefore, he issued proceedings dated 17.04.2007, withdrawing the show cause notice, dated 11.04.2007 and left it open to the parties to resolve their dispute in O.S.No.55 of 2007, which was pending. Once the 1st respondent has withdrawn the show cause notice, the matter could have rested at that. However, he issued another show cause notice dated 28.04.2007 to the petitioner on the basis of a complaint said to have been made by the 2nd respondent on 10.04.2007. No reference was made to the suit. The petitioner claims to have submitted explanation. Even assuming that the explanation submitted by the petitioner did not reach the 1st respondent, he ought to have taken note of the earlier proceedings including the proceedings dated 17.04.2007 through which he has withdrawn the show cause notice of similar nature. There is absolutely no justification for the 1st respondent in passing the impugned order. The writ petition is accordingly allowed and the impugned order is set aside. It shall be open to the 2nd respondent to pursue his remedies in the pending suit or by instituting fresh proceedings. There shall be no order as costs. _____________________ L. NARASIMHA REDDY, J. Dt.17.03.2011. GJ