THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO.18068 OF 2005 14th December 2009 Between: B.Sreekanth Babu. …PETITIONER AND Municipal Corporation of Hyderabad, rep.by its Commissioner, Tank Bund, Hyderabad and two others. …RESPONDENTS THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO.18068 OF 2005 ORDER: The petitioner, who is the dealer of M/s. Indian Oil Corporation Ltd., the third respondent herein, seeks a Writ of Mandamus directing the first respondent-Municipal Corporation to forbear from demolishing the platforms, which are constructed around the petrol delivery machinery in the retail outlet of the third respondent in the premises bearing No.3-4-897/2 admeasuring 725 square yards at Barkatpura, Hyderabad. It is the case of the petitioner that the platforms, which are sought to be constructed around the outlet, does not come under the term ‘construction’ within purview of the Hyderabad Municipal Corporation Act, 1955 {“the Act” for brevity}. At the time of admission, by order dated 18.08.2005, this Court issued directions to the respondents not to demolish the platforms. Though the Writ Petition is of the year 2005, no counter affidavit is filed. When the matter is taken up, learned Standing Counsel represented that no notices were issued for demolition. It is submitted that when the respondents were instructed not to proceed with the constructions illegally; apprehending demolition, the petitioner rushed to this Court and obtained orders. From the submission made by the learned Standing Counsel for the respondent, it is clear that no steps have been taken nor any notice has been issued for demolition of the said structures. In that view of the matter, if any unauthorized constructions are to be removed, the same shall be done by following the due process of law under the Act. Subject to the above, the Writ Petition is disposed of. There shall be no order as to costs. ___________________ (R.SUBHASH REDDY, J) 14th December 2009 RRB