THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.23644 of 2009 Date:03.11.2009 Between: Gumudal Padmaiah. ..Petitioner and The Tandoor Municipality. .. Respondent THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.23644 of 2009 ORDER: The petitioner was accorded sanction to construct a building at Tandoor vide proceedings dated 21.03.2009 issued by the respondent. A notice under Sections 228 and 217 of the Andhra Pradesh Municipalities Act, 1965 was issued by the respondent on 24.09.2009 alleging that the petitioner deviated from the sanctioned plan, in particular, a cellar was being constructed. The petitioner submitted a detailed explanation dated 05.10.2009. Thereafter the respondent issued final notice dated 24.10.2009. The grievance of the petitioner is that explanation submitted by him was not taken into account. Heard the learned counsel for the petitioner and the learned standing counsel for the respondent. This is not a case where the petitioner commenced construction without obtaining permission from the Municipality. It has already been mentioned that the respondent accorded sanction to the petitioner on 21.03.2009. The provisional notice dated 24.09.2009 discloses that the petitioner is maintaining set back on all the four sides. The allegation was that a cellar was being constructed contrary to the sanctioned plan. The petitioner submitted a detailed explanation. The final notice does not even refer the explanation. Mechanically it was issued just by filling the gaps in a printed form. Such an exercise cannot be countenanced. Hence, the Writ Petition is allowed and the demolition order dated 24.10.2009 is set aside. The respondent is directed to pass fresh orders taking into account the explanation submitted by the petitioner dated 05.10.2009 to the provisional notice dated 24.09.2009. There shall be no order as to costs. ______________________ L. NARASIMHA REDDY, J 03rd November, 2009 GHN