M/S. Sri Vijaya Durga Agencies v. The Vijayawada Municipal Corporation
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH ***** W.P.No.22505 of 2012 Between:
M/s. Sri Vijaya Durga Agencies ... Petitioner/Appellant (s) And The Vijayawada Municipal Corporation and 2 others ... Respondent (s) DATE OF JUDGMENT PRONOUNCED: 24.07.2015 SUBMITTED FOR APPROVAL:
THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY Whether Reporters of Local newspapers may be allowed to see the Judgments?
Yes/No Whether the copies of judgment may be marked to Law Reports/Journals Yes/No Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment?
Yes/No HON'BLE SRI JUSTICE A.RAJASHEKER REDDY W.P.No.22505 OF 2012
O R D E R
This writ petition is filed challenging the notice in Rc.No.F9-
102225/12, dated 04.07.2012 issued by the 2nd respondent under Section 521(1)(e)(ii) and 622 (3) of the Hyderabad Municipal Corporation Act, 1955 (for short 'the Act') and a consequential notice in Rc.No.F9-102225/12, dated 13.07.2012 issued under Section 521 (1)(e)(ii) and 622(3) and (4) of the Act.
The impugned proceedings dated 13.07.2012 is only a show cause notice. Normally this Court will not interfere with the show cause notice unless it stated that the same is without jurisdiction. It is for the petitioner to submit explanation to the same and it is for the respondents to consider the same in accordance with law.
In view of the above, petitioner is permitted to file explanation to the show cause notice dated 13.07.2012 within a period of four (4) weeks from today. On such explanation being filed, the respondent authorities may consider the same and pass orders and thereafter take action in accordance with law within a period four (4) weeks thereafter. If the petitioner does not file explanation within the aforesaid period, it is open for the respondent corporation to take appropriate action as per the proceedings dated 13.07.2012.
With the above direction, the writ petition is disposed of. No costs. As a sequel, miscellaneous petitions, pending, if any shall stand closed. ___________________________ A.RAJASHEKER REDDY,J Date: 24.07.2015 dv