HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HON’BLE SRI JUSTICE A.GOPAL REDDY WRIT PETITION NO. 13882 OF 2011 Wednesday, the Fourth Day of May, Two Thousand and Eleven Between Smt. B.Sarika Petitioner AND The Greater Hyderabad Municipal Corporation, Rep. by its Commissioner, Tank Bund, Hyderabad, and another Respondents ORDER: The petitioner, who is the owner of house bearing No.8-3-222/C/6, Plot No. 118-B, Yellareddyguda, Hyderabad, admeasuring 311 Sq. yards, had obtained permission to construct stilt + two floors vide proceedings No.222/C/6/3/8/2010 dated 25.8.2010. While he was proceeding with the construction, he was served with the impugned notice dated 27.4.2011 under Section 596 of the Hyderabad Municipal Corporation Act for carrying out the construction in deviation of the sanctioned plan and for constructing third floor unauthorisedly and hence, liable to pay a fine equivalent to 400% and determined at Rs.3,70,74,400/- and called upon the petitioner to pay the said amount. Questioning the same, the present writ petition is filed contending that before determining the liability no notice whatsoever has been issued to the petitioner. When the writ petition is taken up for hearing, Smt. Y.Padmavathi, learned Standing Counsel for the Greater Hyderabad Municipal Corporation has produced a copy of the show cause notice dated 25.3.2011 issued under Section 452 of the Hyderabad Municipal Corporation Act, 1955 and asserts that the same has been served on the Site Engineer who was at construction place, which has been denied by the learned counsel for the petitioner. Having regard to the facts and circumstances of the case, the show cause notice is deemed to have been served on the learned counsel for the petitioner in the Court today, permitting the petitioner to submit explanation within a period of ten days from today and on submitting her explanation, before assessing the penalty, the petitioner shall be given an opportunity of being heard and pass appropriate orders. In view of the above, the impugned notice dated 27.4.2011, has to be kept in abeyance pending outcome of the enquiry to be conducted. Till appropriate orders are passed, the respondents shall not take coercive steps for recovery of the amount. With the above direction, the writ petition is disposed of. There shall be no order as to costs. ___________________ A.GOPAL REDDY, J. 04-05-2011 C.C. in two days //BO// MAS/SJ