THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 19009 OF 2011 Dated: 13.07.2011 Between: Kasam Ramesh ..... PETITIONER AND Suryapet Town Municipality .....RESPONDENT The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 19009 OF 2011 O R D E R : The petitioner claims title and possession in respect of house bearing No.1-8-64/7/4/2/1, Church Compound, Suryapet, Nalgonda District. He had earlier filed Writ Petition No.12017 of 2004 seeking a declaration that the action of the respondent in proceeding to demolish the said property in pursuance of provisional order dated 09.07.2004, was arbitrary and illegal. By order dated 13.07.2004, the said writ petition was disposed of by this Court, setting aside the provisional order and directing the respondent- Municipality to reconsider the issue in accordance with law taking into consideration the petitioner’s explanation dated 05.07.2004. The petitioner states that the respondent having kept quite for more than six years, issued a fresh a show-cause notice dated 29.01.2010 calling upon the petitioner to submit his explanation as to why the permission granted on 20.01.2004 should not be cancelled. The petitioner submitted his explanation on 10.02.2010 and the material placed before this Court shows that the same was received in the office of the respondent on the same day. However, the impugned order dated 06.05.2011 came to be passed cancelling the permit granted to the petitioner on the ground that the petitioner failed to submit his explanation to the show-cause notice dated 29.01.2010. Aggrieved by the same, the present writ petition is filed. I have heard the learned counsel for both the parties. Apparently, the impugned order was passed without taking into consideration the petitioner’s explanation to the show-cause notice dated 29.01.2010, though it was received in the office of the respondent on 10.02.2010. Therefore, on that ground itself the impugned order is liable to be set aside Accordingly, the impugned order dated 06.05.2011 is hereby set aside and the Writ Petition is disposed of with a direction to the respondent to pass fresh orders in accordance with law after taking into consideration the petitioner’s explanation dated 10.02.2010. No costs. ___________ G. ROHINI, J Date: 13.07.2011 Ivd