IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 28071 of 2008 Between: M/s. Quippo Telecom Infrastructure Limited, 101, First Floor, Block -I, White House, Begumpet, Hyderabad, Rep. by its Circle Head, Sri B. Sudhakar Reddy, S/o. B. Radhakrishna Reddy, R/o. New Bowenpally, Hyderabad. ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation, Rep. by its Commissioner, Lower Tank Bund, Hyderabad. 2 Deputy Commissioner, Circle No.13, Greater Hyderabad Municipal Corporation, Ramachandrapuram, Hyderabad. .....RESPONDENT(S) 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 an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the letter No. G/TPS/1794/2008-09 dated 16-12-2008 as arbitrary, illegal, contrary to the provisions of H.M.C. Act and in violation of well settled principles of natural justice and to pass Counsel for the Petitioner:MR.RAMA RAO GHANTA Counsel for the Respondent No.: SMT.KALPANA EKBOTE The Court made the following : ORDER The petitioner, which is a Telecom Infrastructure Ltd, gave an application on 16.8.2008 to the first respondent seeking permission to install Cellular Tower over the building in H.No.LIG-49, Bharati Nagar, Ramachandrapuram, Medak District. But, no information is received thereon from the respondent. However, the petitioner, having waited for a month, installed the said Cellular Tower on the building and started operations. On the basis of the objections received from the area, the 2nd respondent issued a notice to the petitioner on 16.12.2008 asking it to remove the Cellular Tower within seven days from the said house or otherwise, the same will be removed by the department authorities. The said notice is under challenge. Heard the learned counsel for the petitioner and the learned standing counsel for the Greater Hyderabad Municipal Corporation. According to the learned Standing Counsel, though the deeming provision as provided for under Section 437 of the Hyderabad Municipal Corporation Act (for short ‘the Act’) is applicable for the purpose of installation of tower, in view of the fact that the petitioner has made the representation on 16.08.2008, it shall not commence the operations without obtaining any prior permission as provided for under Section 440 of the Act. In view of the fact that the notice impugned herein directing the petitioner to remove the Cellular Tower from the house in question is not accompanied any show cause notice, it may not be necessary for this Court to go into the merits of the case at this stage of the proceedings Accordingly, this writ petition is disposed of observing as follows: The petitioner may treat the notice impugned herein as a show cause notice and offer its explanation within a period of two weeks from the date of receipt of a copy of this order and the authorities may pass appropriate orders after affording an opportunity of personal hearing within a period of two weeks thereafter. Pending consideration of the same, the respondent authorities shall not take any coercive steps such as removal of the said Cellular Tower of the petitioner. Accordingly, the writ petition is disposed of. No costs. __________ 24-12-2008 rkk