M/S The Kohinoor Glass Factory Pvt. Ltd., v. The Greater Hyderabad Municipal Corporation

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.35573 of 2018 ORDER:

Heard learned counsel for the petitioner and Sri L.Venkateswara Rao, learned Standing Counsel for GHMC, apart from perusing the entire material available on record.

It is submitted by the learned counsel for the petitioner that, without giving any notice to the petitioner, the respondent-GHMC authorities are proceeding with the impugned action.

Admittedly, notice impugned in the present Writ Petition, is a notice issued under Sections 452 (2) and 461 (1) of the Hyderabad Municipal Corporation Act, 1955, calling upon the person, in occupation of the property, to show cause as to why action should not be taken.

Petitioner herein claims to be the owner of the property. Therefore, in order to meet the ends of justice, this Court deems it appropriate to dispose of the Writ Petition, keeping it open for the petitioner herein to submit appropriate explanation to the impugned notice, dated 19.09.2018, within a period of two weeks from the date of receipt of a copy of this order, for consideration of the same by the respondents, strictly in accordance with law, by passing appropriate orders. It is made clear that, pending passing of the final orders, status quo, as on today with regard to the subject structures, shall be maintained.

Accordingly, Writ Petition is disposed of. There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.

___________________ A.V.SESHA SAI, J 03rd October, 2018 Tsy