Smt. Balatripura Sundari v. The Greater Hyderabad Municipal Corporation

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.36136 OF 2018 O R D E R :

Heard Sri L.Ravichander, learned senior counsel representing Sri Satish Kumar Varma, learned counsel for petitioner and Sri P.Krishna Reddy, learned Standing counsel for respondent-Corporation.

The order passed by the 1st respondent-Commissioner, Greater Hyderabad Municipal Corporation (GHMC) vide proceedings 7574/TPS/HO/GHMC/2018, dated 23.08.2018 under Section 450 GHMC Act, 1955 (for short 'the Act') canceling the building permission granted in favour of petitioner herein is under challenge.

The principal contention advanced by the learned senior counsel is that the respondent-Corporation issued the impugned order without being preceded by service of show cause notice on the petitioner and the same is patent violation of principles of natural justice.

When the matter is taken up, it is submitted by the learned Standing counsel that the respondent Corporation will issue show cause notice afresh and call for the explanation from the petitioner and thereafter, further action will be initiated strictly in accordance with law. Recording the said statement, the writ petition is allowed setting aside the impugned order dated 23.08.2018. It is open for the respondent-Corporation to serve fresh

show cause notice on the petitioner and take appropriate action strictly in accordance with law. No order as to costs. As a sequel, miscellaneous petitions, pending, if any shall stand closed.

_____________________ A.V.SESHA SAI, J 05.10.2018 dv