(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTH DAY OF AUGUST, TWO THOUSAND AND TEN :PRESENT:
THE HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION NO : 19410 of 2010 Between:
Pelluru Sowjanya W/o.Gopinadh. .....
Petitioner AND
1. The District Collector, Nellore, SPSR Nellore District.
2. The Tahsildar, Chittamuru Mandal, Chittamuru, SPSR Nellore District.
. Respondents WHEREAS the Petitioner above named through his Advocate Sri P. Gangarami Reddy, presented this writ petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Petition and the Affidavit filed herein the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the order passed by the 2nd respondent vide in his Rc.No.191/2010-1 dated 26-6-2010 canceling the residence certificate dated 20.4.2010 of the petitioner without giving any notice is illegal, arbitrary and violation of principles of natural justice and set aside the same.
AND WHEREAS the High Court upon hearing the arguments of Sri P . Gangarami Reddy, Advocate for the Petitioner, directed issue of notice to the Respondents herein to show cause why this writ petition should not be admitted in the circumstances set out in the petition and the affidavit filed in Writ Petition.
You viz ;
1. The District Collector, Nellore, SPSR Nellore District.
2. The Tahsildar, Chittamuru Mandal, Chittamuru, SPSR Nellore District.
are directed to show cause as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this writ petition should not be admitted.
THE COURT FURTHER MADE THE FOLLOWING ORDER :
A perusal of the impugned order does not indicate issuance of any notice. Further more, it is noticed that the impugned cancellation is based on a complaint filed by one Meragala Madhusudhan.
As much as the impugned order was passed without issuing notice to the petitioner, there shall be interim suspension of the impugned order vide Rc No.191/2010-1 dated 26-6-2010 passed by the 2nd respondent.
ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To
1. The District Collector, Nellore, SPSR Nellore District.
2. The Tahsildar, Chittamuru Mandal, Chittamuru, SPSR Nellore District. (SL.NOS.1 & 2 BY RPAD ALONG WITH A COPY OF PETITION & AFFIDAVIT)
3. One CC to Sri P. Gangarami Reddy, Advocate. (OPUC)
4. Two CCs to the Govt. Pleader for Revenue, High Court Bldgs., Hyderabad.(OUT)
5. One spare copy. H.A.
DRAFTED BY : H.A. DATED : 12.08.10 APPROVED BY :
HIGH COURT RSRJ DATED : 09.08.2010 NOTICE BEFORE ADMISSION : WP NO.19410 OF 2010 INTERIM SUSPENSION AS PRAYED FOR.