- (1.) The present petition has been preferred against the show cause notice issued by respondent no. 3 dated 17th March, 2009 at Annexure- 4, whereby it is questioned by respondents that why the structure possessed by the present petitioner should not be demolished because the same is unauthorizedly reconstructed.
(2.) I have heard the counsel for the petitioner.
(3.) Looking to the facts and circumstances of the case, I see no reason to entertain this writ petition for the following reasons:- (i) no final decision has been taken for demolition of the property or structure by respondent no. 3. (ii) the present petition has been preferred only against the show cause notice, which is yet to be replied by the petitioner. (iii) thrice, queries is asked that whether any reply of show cause notice has been given by the petitioner or not, the learned counsel for the petitioner is unable to give any answer whether Annexure-4 notice is replied or not. Thus, without filing the reply, to respondent no. 3-office, a show cause notice on merit, straightway and directly, writ petition has been preferred. Petitioner ought to have replied first to respondent no. 3 and, thereafter, respondent no. 3 will take a final decision, after giving an adequate opportunity of being heard to the petitioner, in accordance with law and thereafter, if the petitioner is aggrieved, by the order of the other side, he can challenge it, in accordance with law.;