IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 250 of 2001 Between: Aryua Vysya Sangam, Rep. by its President, Kesarapu Appa Rao, S/o K.Venkata Ramanaiah, R/o H.NO. 28-242-3, B.C.Road, New Gajuwaka, Visakhapatnam. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Secretary, Houseing and Municipal Administration and Urban development Secretariat, Hyderabad. 2 The Commissioner, Gajuwaka Municipality, Gajuwaka, Visakhapatnam. 3 The Executive Officer, Gajuwaka Municipality, Guajuwaka, Visakhapatnam. .....RESPONDENT(S) 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 to issue Writ order or direction more particularly one in the nature of Writ of 'Mandamus' declaring the action of the 2nd Respondent in taking steps to demolish the Kalyanamandapam, Temple of the petitioner society situated at 10th Ward, Kailash Nagar, Gajuwaka, Visakhapatna, as illegal, arbitrary and contrary to the sanction plan and direct the 2nd Respondent not to demolish the Kalyanamandapam and Temple owned by the petitioner society in the interest of Justice Counsel for the Petitioner:MR.V.PRAKASH RAO Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : ORDER: The petitioner-Sangham seeks a Writ of Mandamus declaring the action of the 2nd respondent-Commissioner, in taking steps to demolish the Kalyanamandapam and Temple, situated at 10th Ward, Kailash Nagar, Gajuwaka, Visakhapatnam, as illegal and contrary to the sanctioned plan. It is stated that the 3rd respondent-Executive Officer, Gajuwaka Municipality sanctioned permission for construction of a Market Complex and Kalyanamandapam at Gajuwaka in respect of Sy.No.33/4 vide proceedings dated 9.6.1988 and accordingly the petitioner-Society constructed the Kalyanamandapam and Temple as per the sanctioned plan. Without following due process of law, it is alleged that the said Kalyanamandapam and Temple are sought to be demolished. A counter affidavit has been filed stating that the petitioner- Sangham started construction of Temple and Kalyanamandapam in the year 1989 in Sy.No.33/4 of Gajuwaka, without obtaining any permission. It is further stated that for any construction of Temple, necessary clearance has to be obtained from the District Collector. However, there is no averment anywhere in the writ affidavit about obtaining clearance from the District Collector and therefore the alleged action of the petitioner is contrary to the provisions under Section 230 of the A.P. Municipalities Act. It is further stated that the District Collector vide letter dated 19.3.1997 communicated the list of lands of the Government situated in Gajuwaka Revenue Village and that the extent of land thereunder also belongs to the Government and hence the petitioner-Sangham is not entitled for construction of the Kalyanamandapam and Temple. The writ petition is filed on an apprehension that the respondents are taking steps to demolish the property in question. This Court is of the opinion that if any constructions are made by the petitioner in violation of the sanctioned plan or without obtaining any permission, it is always open for the respondents to follow the due process of law, by giving notice and opportunity to the petitioner. Writ Petition is dismissed accordingly. No costs. -------------------------- V. ESWARAIAH, J DATE: 27.3.2008 CVM