IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 23549 of 2008 Between: 1 C.Sulaiman S/o.N.K.Pakkar Saheb R/o.D.No.8-2-4, B.R.P. Road, Wynchpet, Vijayawada. 2 C.Abu S/o.N.K.Pakkar Saheb R/o.D.No.8-2-4, B.R.P. Road, Wynchpet, Vijayawada. 3 C.Ussu S/o.N.K.Pakkar Saheb R/o.D.No.8-2-4, B.R.P. Road, Wynchpet, Vijayawada. ..... PETITIONER(S) AND Vijayawada Municipal Corporation, rep. by its Commissioner, Vijayawada - 520001. .....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 an appropriate writ, order or direction particularly one in the nature of the Writ of Mandamus, declaring Rc.MNG=113798/08/TPS1, dated 20.10.2008 issued by the respondent as, illegal and ultra vires to the provisions of Article 14, 19(1) (g) of the Constitution of India besides directing the respondent not to proceed further, and pass such other order or orders. Counsel for the Petitioner:MR.V.S.R.ANJANEYALU Counsel for the Respondent No.: SMT.G.JHANSI The Court made the following : ORDER This writ petition has been ﬁled by the petitioners, who are three in number, assailing the notice issued under Section 456 of the Hyderabad Municipal Corporation Act, 1955 whereby and whereunder the petitioners have been directed to pull down the structures immediately in the public safety. The petitioners claim to be the tenants of the premises bearing D.No.8-2-27, Vijayawada wherein they have been carrying on a restaurant in the name and style of “Saﬁa Restaurant”. The landlord initiated proceedings against them vide RCC No.174 of 1984 on the ﬁle of the Rent Controller, Vijayawada for eviction on the ground of personal occupation and willful default. The proceedings initiated against the petitioners ended in dismissal. While so, notice under Section 456 of the Hyderabad Municipal Corporation Act, 1955 has been served on the petitioners directing them to pull down the structures in the public safety. It is averred in the aﬃdavit ﬁled in support of the writ petition that notice under Section 456 Hyderabad Municipal Corporation Act, 1955 came to be issued at the instance of the landlord. When the writ petition came up for admission, Smt. Jhansi, learned standing counsel of Vijayawada Municipal Corporation received notice on behalf of the respondent. Heard the learned counsel appearing for the petitioners and the learned standing counsel appearing on behalf of the respondent. Learned counsel appearing for the petitioners submits that the structures which are in occupation of the petitioners need not be pulled down since their existence do not cause any danger to public safety. A fact remains that the respondent issued notice under Section 456 of the Hyderabad Municipal Corporation Act, 1955 directing the petitioners to pull down the structures. If it is the case of the petitioners that the structures are not required to be pulled down, they are at liberty to submit explanation to the respondent-Corporation and invite orders thereon. In that view of the matter, the writ petition is disposed of giving liberty to the petitioners to submit explanation to the notice issued under Section 456 of Hyderabad Municipal Corporation Act 1955 within a period of three weeks from today and thereupon the respondent-Corporation shall dispose of the objections after giving opportunity to the petitioners as well as the landlord of the premises. Till the objections of the petitioners are disposed of, there shall be status quo existing as on this day with regard to the structures which are in occupation of the petitioners. No costs. __________ 30-10-2008 rkk THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 23549 of 2008 OPERATIVE PORTION OF THE ORDER The writ petition is disposed of giving liberty to the petitioners to submit explanation to the notice issued under Section 456 of Hyderabad Municipal Corporation Act 1955 within a period of three weeks from today and thereupon the respondent-Corporation shall dispose of the objections after giving opportunity to the petitioners as well as the landlord of the premises. Till the objections of the petitioners are disposed of, there shall be status quo existing as on this day with regard to the structures which are in occupation of the petitioners. No costs. __________ 30-10-2008 Note: Issue wire at party’s costs. (B.O) rkk After despatch of the order, the bundle be sent to the CM Section.