THE HON’BLE SRI JUSTICE N.V.RAMANA WRIT PETITION No.18880 of 2009 DATED: 10.09.2009 Between: M.Narayanappa and others. … Petitioners And The Commissioner, Hindupur Municipality, Hindupur, Anantapur District, and others. .. Respondents ORDER: In this writ petition, petitioners, 33 in number, are questioning the notice in Roc.No.3466/2002/G1, dated 11.08.2009, issued by the 1st respondent, directing them to vacate the land in T.S.No.87, Block No.3A, belonging to the Municipality, within seven days from the date of receipt of notice or else action shall be taken under Section 192(3) of the A.P.Municipalities Act, 1965. Learned counsel for the petitioner submits that the impugned order dated 11.08.2009, styled as notice, is not preceded by show- cause notice and, as such, the impugned order/notice is liable to be set aside. Learned Standing Counsel appearing for the respondents, though admitted that the impugned notice is not preceded by any show-cause notice, however, on instructions, submits that since the petitioners neither vacated the land in question as directed in the impugned notice nor chosen to file any objections thereto, the 1st respondent has again issued a notice dated 09.09.2009 to the petitioners granting 30 days’ time to the petitioners to vacate the premises and they were also afforded an opportunity to submit the documents, in support of their claim, and also their objections, if any, but however, the petitioners did not avail the opportunity given to them so far. Apparently, the impugned notice, dated 11.08.2009, issued by the 1st respondent though appears as a notice, it is virtually an order, whereby the petitioners are directed to vacate the premises in question within seven days from the date of receipt of the notice. However, though the learned Standing Counsel has produced a copy of the notice dated 09.09.2009 showing that the petitioners are given sufficient time to put forth their claim, no material has been placed before this Court to establish that the said notice is served on the petitioners. Thus, I deem it appropriate to direct the learned Standing Counsel to supply a copy of the notice, dated 09.09.2009, to the learned counsel for the petitioners today itself, and the petitioners are directed to offer their explanations, if any, to the said notice, within a period of two weeks from today. However, it is made clear that upon receiving the explanations, if any, to be filed by the petitioners, the respondents are directed to examine the same and pass appropriate orders, and in the event the petitioners fail to establish their claim, it is open for the respondents to proceed further in the matter, in accordance with law. With the above directions, the writ petition is disposed of. No order as to costs. _____________ N.V.RAMANA,J 10.09.2009 v v