M/S Maheshwari Megaventure Ltd., v. The State Of Telangana, Rep. By Its Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH * * * * WRIT PETITION No.27661 of 2015 BETWEEN M/s. Maheshwari Megaventure Ltd.

... PETITIONER AND The State of Telangana, Rep. by its Principal Secretary, Municipal Administration Department, Secretariat, Hyderabad and others. ...RESPONDENTS DATE OF JUDGMENT PRONOUNCED: 19.11.2015 THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR 1.

Whether Reporters of Local newspapers may be allowed to see the Judgments?

No 2.

Whether the copies of judgment may be marked to Law Reporters/Journals?

No 3.

Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment?

No

ORDER:

Heard learned counsel for the petitioner and learned standing counsel for GHMC.

2. The present writ petition is filed questioning the show cause notice dated 14.08.2015 under Section 452(1) of the HMC Act, 1955. After issuance of a show cause notice, a date for hearing was also fixed under proceedings dated 22.08.2015. Petitioner has approached this Court against the said proceedings complaining that the enquiry is sought to be held hurriedly without giving any adequate time to the petitioner to submit explanation and various other allegations are also made attributing bias to the then Commissioner, GHMC.

3. When this writ petition was heard on 28.08.2015, status quo existing as on that day was directed to be maintained and the said order continues to be in force.

4. Though various allegations of prejudice and bias are made against the then Commissioner, that issue does not survive consideration in view of change of the officer, as new officer has taken over as Commissioner, GHMC. Secondly, in view of sufficient lapse of time as well as interim order pending in the writ petition, no further development could take place in pursuance of the show cause notice. Hence, I deem it appropriate to dispose of the writ petition with the following direction: "Petitioner shall file a detailed explanation, if any, on or before 27.11.2015 and the Commissioner, GHMC shall, thereafter, fix a date for hearing the matter

giving notice to the petitioner and hear the petitioner on his explanation and after verifying the record, pass an appropriate reasoned order in pursuance of the show cause notice, referred to above." The writ petition is disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs. ______________________ VILAS V. AFZULPURKAR, J November 19, 2015 DSK