THE HON’BLE Ms. JUSTICE G. ROHINI Writ Petition No. 13242 of 2010 Dated: 18.06.2010 Between: Sudhakar Gowrla … Petitioner And Deputy Commissioner, Hyderabad and 2 others. … Respondents HON’BLE Ms. JUSTICE G.ROHINI Writ petition No. 13242 of 2010 O R D E R: This writ petition is filed seeking a declaration that the notice dated 01.06.2010 issued under Section 636 of the Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’) calling upon the petitioner to remove the alleged unauthorized construction in Shop No.4, Sri Satya Sai Enclave, Durganagar Colony Main Road, Lingojiguda Village, Saroornagar Mandal is arbitrary and illegal. It is primarily contended on behalf of the petitioners that the impugned notice was contrary to statutory provisions apart from being violative of the principles of natural justice as it was not preceded by a show cause notice under Section 452 of the Act. Nothing could be placed before this Court by the learned counsel for the respondents to show that any notice under Section 452 of the Act was served on the petitioner before issuing the impugned notice. In the circumstances, the impugned notice is liable to be set aside on that ground alone. Accordingly, the impugned notice is hereby set aside and the writ petition is disposed of leaving it open to the respondents to issue a fresh notice under Section 452 of the Act and take appropriate action following due process of law. No costs. _____________ G.ROHINI,J Date: 18.06.2010 Note: Issue C.C. by Tuesday. B/o KLP