IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 15020 of 2008 Between: Nethi Narasimha Murthy S/o.late Vekat Rao Hindu H.No.10-31-42 Bhanojinagar Ward No.19 Visakhapatnam ..... PETITIONER AND The Commissioner Municipal Corporation of Visakhapatnam .....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 to issue a writ order direction one particularly in the nature of writ of Mandamus to declare that the action of the respondent i n attemping to demolish the RCC slab Door No.10 31-42 Bhanojinagar,Ward No.19 Visakhapatnam without conducting any enquiry as contemplated udner Section 452(b) of the Hyderabad Municipal Corporation act and without passing any order under Section 636 of the same is arbitrary illegal and violation of the provisions of the Hyderabad Municipal Corporation act and to direct the respondent not to demolish the RCC slab in Door No.10 31-42 Bhanojinagar,Ward No.19 Visakhapatnam without passing any orders under section 636 of the act and pass Counsel for the Petitioner:MR.K.SOMESWARA KUMAR Counsel for the Respondent No.: MR.N.RANGA REDDY (SC FOR MPL. CORP. VSP) The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 15020 OF 2008 ORDER: 1. The petitioner herein assails the action of the Commissioner Municipal Corporation, Visakhpatnam in attempting to demolish R.C.C.slab of the house bearing Door No.10-31-42, Bhanojinagar, Ward NO. 19, Visakhapatnam. 2. The petitioner is the owner of the house bearing No. 10- 31-42, Bhanojinagar, Ward NO.19, Visakhapatnam. A notice under Section 452 of the Hyderabad Municipal Corporation Act, came to be issued to the petitioner. Thereupon the petitioner submitted explanation to the show cause notice. According to the petitioner, the Respondent Corporation is contemplating to demolish the slab of the house without passing final orders. Pursuant to the notice under Section 452 of the Hyderabad Municipal Corporation Act. 3. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for the Respondent. 4. The factual aspect of petitioner submitting explanation to the notice under Section 452 of Hyderabad Municipal Corporation act is not in dispute. 5. In that view of the matter, the writ petition is disposed of directing the respondent to consider the explanation of the petitioner and pass appropriate orders as expeditiously as possible preferably within two weeks from the date of receipt of a copy of this order. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 14th July, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 15020 OF 2008 14th July, 2008.