THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No. 19200 of 2010 ORDER: This writ petition is ﬁled to declare that the ﬁnal order dated 26.07.2010 in U.C.R.No. 20 of 2010 passed by the respondent as arbitrary and illegal and consequently, to direct the respondent not to demolish the 2nd ﬂoor constructed over the existing ﬁrst ﬂoor of house bearing Municipal Door Nos. 4-8-6 and 4-8-7, situated near Chowrastha, opposite to Hanamkonda Police Station, Hanamkonda, Warangal District. 2. The petitioners are said to be the owners and possessors of the above said property. In the course of widening of Hanamkonda-Kazipet road, part of the mulgis bearing H.No. 4/804 (old) corresponding to new Nos. 4-8-6 and 4-8-7 were dismantled and were appropriated without paying compensation. Subsequently, they have served the notice of their intention to construct 2nd ﬂoor over the 1st ﬂoor and accordingly, submitted plan and paid necessary charges. As the respondent has not served any proceedings, they constructed the 2nd floor in accordance with the plan. While so, on 31.07.2010, the respondent served the petitioners with notices dated 12.07.2010 and 26.07.2010 alleging that they have violated the provisions contained in Sections 428 and 429 of the Hyderabad Municipal Corporation Act, 1955 (for short, ‘the Act’) and the building byelaws. Immediately, on 02.08.2010, the petitioners ﬁled a representation before the Commissioner, Warangal Municipal Corporation, despite the same, the oﬃcials of the respondent have threatened to demolish the 2nd ﬂoor raised by them. Hence, the Writ Petition. Heard the learned counsel for the petitioner as well as the learned Standing Counsel for the respondent Corporation. It is not in dispute that the ﬁnal order dated 26.07.2010 and the notice under Section 636 of the Act dated 22.07.2010 have been served on the petitioners on 28.07.2010. Then the petitioner is said to have submitted a representation on 02.08.2010. Without passing an order under Section 452 of the Act, issuing an order under Section 636 cannot be said to be a proper exercise. Part of the property was already demolished for road widening. The relief sought for in this Writ Petition is not to demolish the 2nd floor. The petitioner cannot be permitted to construct the house without there being any sanctioned plan. As there was no sanctioned plan, making construction of a building is illegal and the respondent has got every right to take appropriate action in the case of illegal constructions. For that, the respondent has to give a notice to the petitioners. As seen from the impugned proceedings, no notice under Section 452 of the Act is issued calling for the explanation of the petitioners. Therefore, the impugned order can be treated as a notice under Section 452 of the Act and in view of the fact that the petitioners have already submitted an explanation, the respondent – Corporation shall take appropriate decision duly taking note of G.O.Ms.No. 33, Municipal Administration, dated 03.02.2011. With this observation, the Writ Petition stands disposed of. No costs. -------------------- - (K.C. BHANU, J) 30th November 2011 ksld