IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 10827 of 2006 Between: M/s Rajyalakshmi Housing Constructions, rep.by its Managing partner, Sri Ch. Ramabrahmam Chowdary, S/o Kutumba Rao, Hindu, aged 56 years, resident of Door No.56-8-5-1, Ramneni Vari Street, Patatamata, Vijaywada-520 010. ..... PETITIONER AND Vijayawada Municipal Corporation, rep.by its Commissioner, Jawaharial Nehru Buildings, Vijayawada. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent as illegal, arbitrary and ultra vires to the provisions of Article 14 of the Constitution of India and also the Mandatory provisions of the Hyderabad Municipal corporation Act and the Rules framed thereunder on the subject from time to time, beside directing the respondents not to interfere with the construction made in Door No.59A-21-31, Sri Lakhsmi Residency, P& T Colony, Teachers colony, of Vijayawada Municipal corporation and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.V.S.R.ANJANEYALU Counsel for the Respondent: SMT.G.JHANSI The Court made the following : ORDER: Heard Sri V.S.R. Anjaneyulu, learned counsel for the petitioner and Smt. G. Jhansi, learned Standing Counsel for Vijayawada Municipal Corporation. At the request of both the counsel, and as much as the counter affidavit has already been filed, the writ petition itself can be disposed of at the stage of admission. The petitioner-partnership firm seeks a direction by way of Mandamus to declare the action of the respondents in seeking to take steps for demolition and interfering with the structures, which have been constructed in the premises bearing Door No.59A-21/31 of Sree Lakshmi Residency, P & T Colony, Vijayawada, as illegal and arbitrary. It is the case of the petitioner-firm that with a view to make constructions, it obtained permission from the Commissioner, Vijayawada Municipal Corporation on 7.02.2002 vide proceedings in R.F.No.54/2001 for construction of stilt/ground/first/second/third/ fourth floors. It had made constructions in accordance with the sanctioned plan. It is the grievance of the petitioner that though the constructions were being made in accordance with the sanctioned plan, the respondents are intending to take steps for demolition of the structures and interfering with the constructions. A counter affidavit has been filed by the Commissioner, Vijayawada Municipal Corporation denying various allegations made by the petitioner. It is categorically stated that the officials of the respondent corporation never visited the property of the petitioner and never made any attempt of demolition as alleged. However, it is stated that the respondent-corporation had taken up a drive for enforcement of building rules in respect of parking places, which are being utilized for other than the parking place. However, it is stated that if any action is to be taken against the petitioner the respondent shall follow the due process prescribed under the law. From the counter affidavit filed on behalf of the respondents, it is clear that the respondents have not taken any steps for demolition of the structures in the building constructed by the petitioner. In view of the averments made in the counter affidavit, the writ petition is disposed of directing the respondent not to demolish or remove any structures without following due process of law. However, it is made clear that if any constructions are made in deviation of the sanctioned plan, this order will not preclude the respondents to issue notice to the petitioner and take steps in accordance with the provisions of the Hyderabad Municipal Corporation Act as adopted for the Visakhapatnam Municipal Corporation. Subject to above, the writ petition is disposed of. There shall be no order as to costs. _______________________ (R.SUBHASH REDDY, J.) 23rd April, 2009 Js.