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High Court for State of TelanganaWP/24951/2017disposed of no costs

M/S. Atc Telecom Tower Corporation Private Limited Flat No. v. The Greater Hyderabad Municipal Corporation, Rep. By Its

2017-07-27A.Rajasheker Reddy3 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY W.P.No.24951 of 2017 ORDER:

It is the case of the petitioner that he was issued notice dated 08-04-2017 under Section 450 of Greater Hyderabad Municipal Corporation Act, 1955 and after receipt of the same, he filed explanation to the same on 11-05-2017. But without considering the same, impugned order dated 27-05-2017 has been passed revoking the permission granted to the petitioner for erection of cell tower. Aggrieved by the same, the present writ petition is filed. Sri Ganta Rama Rao, learned Senior Counsel for the petitioner submits that the impugned order is passed in violation of principles of natural justice. He also refers to the explanation filed by the petitioner, which was acknowledged by the respondents.

Heard Sri K.Sampath Prabhakar Reddy, learned Standing Counsel for respondents.

In view of the above facts and circumstances of the case, without going into the merits of the case, the impugned order is set aside on the ground of violation of principles of natural justice. The 1st respondent is directed to pass orders after considering the explanation submitted by the petitioner in pursuance to the notice dated 08-04-2017 after giving opportunity of hearing to the petitioner. Since the impugned

order is set aside, the respondents are obligated to remove the seal and entitled to take action after final orders are passed. Accordingly, the writ petition is disposed of. As a sequel to the disposal of the writ petition, miscellaneous petitions, if any, pending shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 27-07-2017 Nvl