THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 15449 OF 2011 Dated: 09.06.2011 Between: R.Navaneeth Kumar and another ..... PETITIONERS AND Greater Hyderabad Municipal Corporation and another .....RESPONDENTS The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.15449 OF 2011 O R D E R : This writ petition is filed seeking a declaration that the notice dated 20.05.2011 issued by the 2nd respondent under Sections 405 and 406 of the Hyderabad Municipal Corporation Act, 1955 directing the petitioners to handover the possession of the property bearing No.10-1- 1/A/1 for construction of a retaining wall and widening of Kukatpally Nala, is arbitrary and illegal. Heard the learned counsel for the petitioners and Dr.Y.Padmavathi, the learned Standing Counsel appearing for the Corporation. As could be seen from the impugned notice, the same was issued pursuant to the directions issued by this Court in the earlier writ petitions for removal of the encroachments into the said Nala. The impugned notice also shows that the property bearing No.10-1-1/A, to which the petitioners claim absolute title and possession, was determined by the respondents as encroached portion in the Kukatpally Nala to an extent of 576.38 sq.yards. Though it is mentioned in the impugned notice that the encroachment portion was demarcated after conducting the survey by the Revenue Department, the petitioners state that no such survey was conducted and no notice was given to the petitioners at any point of time before issuing the impugned notice. Even the impugned notice did not refer to any such prior notice to the petitioners. Thus it is apparent that the impugned proceedings were issued without giving an opportunity to the petitioners to make their representation against the proposed action. In the circumstances, the petitioners are hereby permitted to submit their objections within one week from today treating the impugned notice dated 20.05.2011 as a show-cause notice within one week from today. If any such objections are received from the petitioners within the time fixed above, the respondents shall consider the same and pass appropriate orders afresh in accordance with law. Till such time the respondents shall not interfere with the possession of the petitioners in respect of the property in question in any manner whatsoever. Writ Petition is accordingly disposed of. No costs. ​ ____________ G. ROHINI, J Date: 09.06.2011 Note: Issue CC by tomorrow (B/o) Ivd