IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.8682 OF 2011 Between: Venugopal Kalantri ..... PETITIONER AND The Commissioner ....RESPONDENT The Court made the following: HONOURABLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.8682 OF 2011 ORDER: The Deputy Commissioner, Circle No.8, Greater Hyderabad Municipal Corporation, issued notice, dated 21.03.2011, under Sections 452 and 461 of the Hyderabad Municipal Corporation Act, 1955 (for short, “the Act”), requiring the petitioner to explain as to why the unauthorized construction made in premises bearing No.4-5-178, Hashmath Gunj, Sultan Bazar, Hyderabad, be not demolished. The petitioner states that he has submitted explanation to the notice. His grievance is that without even considering the explanation submitted, the respondent is trying to demolish the premises at the instance of the neighbours. Heard the learned counsel for the petitioner and the learned counsel for the respondent. The Act provides for the issuance of a show-cause notice. If the Corporation is of the view that any construction is made unauthorizedly, after the owner of the premises submits explanation, a notice under Section 636 of the Act has to be issued, if it is found not satisfactory. This Court cannot interfere with the impugned notice, which is in the form of a show-cause notice. Hence, the Writ Petition is disposed of directing that the respondent shall take into account the explanation submitted by the petitioner to the notice, dated 21.03.2011, and that he shall not take any steps to demolish the building, unless a notice under Section 636 of the Act is issued to the petitioner. If the petitioner submits an application seeking personal hearing, the Deputy Commissioner, Circle No.8, Greater Hyderabad Municipal Corporation, shall provide an opportunity to the petitioner of being heard. There shall be no order as to costs. ___________________________ L. NARASIMHA REDDY, J April 08, 2011 MD HONOURABLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.8682 OF 2011 April 08, 2011