Opinion
42822.
ARGUED JUNE 5, 1967.
DECIDED JUNE 23, 1967.
Certiorari from administrative board decision. Fulton Superior Court. Before Judge McKenzie.
Thomas H. Carter, in propria persona, Herschel H. Hutchins, for appellant.
Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Assistant Attorney General, Hoke Smith, for appellee.
"The mere putting of counsel on notice that the writ of certiorari has been sanctioned without stating `the time and place of hearing' at least ten days before the sitting of the court to which the same shall be returnable does not meet the requirements of Code § 19-212." Fields v. Albert, 102 Ga. App. 632 (2) ( 117 S.E.2d 221). It not appearing that written notice of the time and place of hearing was waived or prevented by unavoidable cause, failure to give such notice was fatal. Scott v. State, 75 Ga. App. 684 ( 44 S.E.2d 391) and cit.; Fields v. Albert, supra, p. 635. Because of this defect, as well as others, the court did not err in dismissing the certiorari on the oral motion of the Georgia Real Estate Commission, to which the writ was directed, since the court had the power to dismiss the petition on its own motion for such a defect.
Judgment affirmed. Hall and Eberhardt, JJ., concur.