THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE M.S. RAMACHANDRA RAO
Writ Petition No.17138 of 2014
DATED:30.7.2014 Between:
K. Hemanth Kumar, Anantapuram and others.
… Petitioners And The Government of Andhra Pradesh, Represented by its Principal Secretary, Hyderabad and others.
….Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE M.S. RAMACHANDRA RAO
Writ Petition No.17138 of 2014
Order: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) After hearing the learned counsel for the petitioners and Sri Bhomanna, learned Standing Counsel for the respondent-Municipal Corporation, who is yet to file vakalat in the matter, we are of the view that there is no illegality and infirmity in issuing show cause notices to the petitioners as to why the encroachments should not be removed.
Under the provisions of law, the 3rd respondent-Commissioner has power to issue such notices. It appears, impugned notices were issued in terms of the judgment and order of this Court passed in Writ Petition No. 13239 of 2014 as such no flaw could be found in the notices. We make it clear that before taking final decision, the respondent-Corporation shall give personal hearing to the petitioners and pass a speaking order considering all the objections raised by them.
The writ petition is accordingly disposed of.
The name of Sri Bhomanna, learned Standing Counsel for the respondent-Corporation is deemed to have been printed in the cause list and delete the name of the erstwhile Standing Counsel, provided the learned Standing Counsel files a vakalat in the course of tomorrow. In default, his appearance will be de-noted.
Consequently, the miscellaneous applications, if any pending, shall also stand disposed of. No order as to costs.
K.J. SENGUPTA, CJ 30th July, 2014 Pnb M.S. RAMACHANDRA RAO,J