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Judgment
Aggrieved by the Notice No. 1141 J2/EQ/MCH/99/8-602, dated 11/16-6-1999, whereunder the petitioner was directed to vacate the premises occupied by him within ten days from the date of receipt of the notice and hand over possession of the mulgi which he has taken form the respondent-Municipal Corporation on lease on the ground that he has sub-let the mulgi, the present writ petition is filed.
Heard the learned Counsel for the Municipal Corporation.
The contention of the petitioner is that on an earlier occasion when a similar notice was given by the MCH seeking eviction of the petitioner, he filed a suit in OS No.4017 of 1995 on the file of the IV Junior Civil Judge, City Civil Court, Hyderabad and the suit ended in a compromise wherein the MCH gave a specific undertaking that without resorting to the due process of law the petitioner will not be evicted and as such, the action of the respondent-MCH in directing the petitioner herein to vacate the premises within ten days without filing a civil suit is illegal.
I am afraid I cannot accept the contention of the petitioner that due process of law cannot be interpreted as filing a civil suit. Due process of law should be read as the law relating to the issue as laid down in the special enactment and the parties need not approach the common law Courts for everything. Admittedly, the activities of the Municipal Corporation of Hyderabad are governed by the provisions of the Municipal Corporation of Hyderabad Act and u/s 145 of the said Act, the MCH framed the rules relating to the lease of the premises owned by it. As such, it is open to the MCH to proceed under the provisions of the MCH Act and the rules made thereunder. As final orders have been passed in the impugned notice itself directing the petitioner to vacate the premises, I am inclined to treat the impugned notice as show-cause notice and the petitioner is directed to file his explanation within 15 days from today and thereafter the Corporation shall dispose of the matter by passing final orders in accordance with the provisions of the MCH Act and the Rules made thereunder. It is needless to observe that unless the procedure is followed under the MCH Act, the petitioner cannot be evicted from the premises in question.
With the above directions, the writ petition is disposed of at the admission stage.