1989 Supreme(AP) 67

Andhra Pradesh High Court
Judges : RAMANUJULU NAIDU
G.Kamala Kumari - Appellant
Versus
Municipal Corporation of Hyderabad - Respondent
Decided On : 02-06-89

The impugned notice lacked particulars of violations and provided an unreasonable opportunity to show cause, leading to its quashing by the court.

Headnote:

Notice - Violation of Structure - The court quashed the impugned notice served upon the petitioner, citing lack of particulars of the alleged violations and unreasonable opportunity given to the petitioner to show cause. The court directed the respondent to initiate action in accordance with law after serving a notice with particulars of violations and providing a reasonable opportunity of six weeks to show cause.

Fact of the Case:

The impugned notice called upon the petitioner to show cause within three days as to why the objectionable structure should not be demolished, causing hardship to the petitioner due to lack of particulars of violations and unreasonable time given to show cause.

Finding of the Court:

The court quashed the impugned notice and ordered the Writ Petition accordingly, without imposing any costs.

Issues: Lack of particulars of violations, Unreasonable opportunity to show cause

Ratio Decidendi: The impugned notice lacked particulars of violations and provided an unreasonable opportunity to show cause, leading to the court's decision to quash the notice and direct the respondent to initiate action in accordance with law after serving a notice with particulars of violations and providing a reasonable opportunity of six weeks to show cause.

Final Decision: The impugned notice dated 3-7-1936 is quashed, and the Writ Petition is ordered accordingly with no costs imposed.