HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No.6973 of 2010 ORDER: DATE: 29-3-2010 Between: 1. Mohammed Jamal … Petitioner And 1. Municipal Corporation of Guntur Rep. by its Commissioner, Guntur and 2 others … Respondents HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No.6973 of 2010 ORDER: Heard Sri B.Bhaskara Rao, Learned Counsel for the petitioner and Sri V.Ch.Naidu, Learned Standing Counsel for the 1st respondent – Corporation and, at their request, the writ petition is being disposed of at the stage of admission. The notice under challenge in this writ petition is a notice issued by the Guntur Municipal Corporation under Section 456(1) of the Hyderabad Municipal Corporation Act, 1955 calling upon the petitioner and the tenants to vacate the building and to remove the dilapidated structure within 10 days from the date of receipt of the notice failing which the said dilapidated structure in Ground + 2 floors would be removed departmentally. Section 456(1) of the Hyderabad Municipal Corporation Act 1955, as extended to the Guntur Municipal Corporation, enables the Commissioner, if it appears to him that the structure is in a ruinous condition or is likely to fall or is in any way dangerous to any person occupying, resorting to or passing by, to require the owner or occupier of such structure to pull it down or to secure or to remove or to repair such structure to prevent all cause of danger therefrom. Section 459(1) of the Act requires the Commissioner, before issuing a notice under Section 456(1), to give the owner or the occupier, as the case may be, a reasonable opportunity of stating any objection and adducing evidence, if any. The Commissioner is empowered to take action under Section 456(1) after being satisfied that the objections which are raised are invalid or are insufficient. The impugned notice does not reflect the opportunity, prescribed under Section 459, having been afforded to the petitioner herein. Ends of justice would be met if the 1st respondent is directed to put the petitioner and the 2nd respondent on notice, give them an opportunity of being heard before taking further action pursuant to the notice under Section 456(1) of the Act. Till final orders are passed, on the objections raised by the petitioner, the 1st respondent – Corporation shall not demolish the building in question. Sri Sri V.Ch.Naidu, Learned Standing Counsel for the 1st respondent – Corporation states that, in case the petitioner files his objections within one week from today, the said objections would be considered and orders passed thereupon before taking further action under Section 456(1) of the Act. The petitioner shall submit his objections to the notice of demolition within one week from today. The respondent Corporation shall consider the objections, pass a reasoned order and, thereafter, take action under Section 456(1) of the Act in accordance with law. In case no objections are filed within one week from today, it is open to the 1st respondent to proceed further, pursuant to the notice already issued under Section 456(1) of the Act, and take action in accordance with law. The writ petition is, accordingly, disposed of. No order as to costs. _____________ 29-3-2010 Note: Issue C.C. by 31-3-2010 B/o asp