THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.22927 of 2011 Dated 16th August, 2011 Between: Pogiri Roop Kumar and others …Petitioners And The Municipal Corporation of Vijayawada, rep.by its Commissioner, O/o.The Municipal Commissioner, Vijayawada, Krishna District …Respondent Counsel for the petitioners: Sri Nivarthi M.S. For Smt.M.S.Tirumala Rani Counsel for respondent: Smt.G.Jhansi The Court made the following: ORDER: This writ petition is filed for a mandamus to declare the action of the respondent-Corporation and its officials in seeking to interfere with the petitioners’ peaceful possession of and the business being carried on by them in shop bearing Nos.4, 2, 5 and 6 situated at D.No.30-17-30, Sri Rangasai Towers, Varanasi Vari Street, Durga Agraharam, Suryaraopeta (part), Vijayawada, as arbitrary and illegal. The petitioners, who claim to be the purchasers of the above- mentioned shops, filed this writ petition on apprehension that the respondent is likely to demolish the same without following the procedure prescribed under the provisions of the Greater Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’). At the hearing, Smt.G.Jhansi, learned Standing Counsel representing the respondent, on instructions, submitted that till now no action is contemplated by the respondent and that only from the writ petition filed by the petitioners, the respondent came to be aware of the alleged illegal structures. She further stated that if the Corporation on verification is satisfied that the illegal constructions have been made in respect of the premises in question, it will take appropriate action after following the procedure prescribed under the Act. This submission of the learned Standing Counsel is placed on record and the writ petition is accordingly disposed of with the direction that before taking action against the alleged illegal structures, the respondent shall follow the procedure prescribed under the Act. As a sequel to disposal of the writ petition, W.P.M.P.No.28048 of 2011 is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 16th August, 2011 VGB