HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.17474 OF 2014 DATED: 10.07.2014 Between:
M/s.Indus Towers Limited … Petitioner And The Jadcherla Municipality, Jadcherla, Mahabubnagar Dist.
… Respondent THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.17474 of 2014 ORDER: (per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) Learned counsel for the respondent Municipality submits that his client does not want to file any counter-affidavit. He also submits that notice of hearing should have been given to the petitioner.
In view of the above submission, we finally dispose of the Writ Petition directing the respondent Municipality to issue a notice of hearing to the petitioner. It would be open for the petitioner to file objections within a period of three weeks from the date of receipt of the notice, failing which, the impugned order will be operative. If the objections are filed, the authority concerned shall decide the matter in accordance with law after giving an opportunity of personal hearing to the petitioner and pass a speaking order within a period of four weeks thereafter. Obviously, the decision shall be rendered withdrawing the impugned order or revising or retaining. We make it clear that the authority concerned must not be influenced by the previous decision in any manner and shall take a decision independently. Accordingly, we keep the impugned order in abeyance.
The Writ Petition is accordingly disposed of. No order as to costs.
Consequently, miscellaneous petitions, if any pending, shall stand closed.
K.J. SENGUPTA, CJ 10th JULY, 2014.
SANJAY KUMAR, J
kvni/va