IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 10679 of 2008 Between: Boyapati Ravi Kumar S/o.Venkataratnam R/o.40-1-1, M.G. Road, Labbipet, Mogalrajupuram, Vijayawada City, Krishna District. ..... PETITIONER AND Municipal Corporation of Vijayawada, Vijayawada, Krishna District, rep. by its Commissioner. .....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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in taking steps to demolish the building situated in H.No.40-1-1 in N.T.S.No.447 of M.G.Road, Labbipet, Mogalrajupuram, Vijayawada as illegal, arbitrary and contrary to the statutory provisions and further declare that any part of the said premises in not liable for demolition, and pass such other order or orders. Counsel for the Petitioner:MR.V.V.RAMANA Counsel for the Respondent No.: SMT.G.JHANSI The Court made the following : ORDER: Heard the learned Counsel for the petitioner and learned standing counsel for respondent-Corporation. This writ petition is filed for issuance of writ of Mandamus declaring action of the respondent-Corporation in taking steps to demolish the building of the petitioner bearing H.No.40-1-1 in N.T.S.No.447 of M.G.Road, Labbipet, Mogalrajupuram, Vijayawada, as illegal, arbitrary and contrary to the statutory provisions and consequently to declare that any part of the said premises is not liable for demolition. The case of the petitioner is that the respondent-Corporation granted permission for construction of cellar, ground + 4 floors in respect of the premises bearing No.40-1-1 of N.T.S.NO.447, Mogalrajupuram, Labbipet, M.G.Road, Vijayawada vide its order dated 25.6.2007 in R.F.No.54/2007 and B.A.No.1619/07/G2. Thereafter, he made construction in accordance with the permission. While so, the respondent- Corporation issued a show cause notice dated 4.12.2007 in U.C.No.51/2007 purportedly issued under Section 42(1), 43(1) of the A.P. Urban Areas (Development) Act, 1975 and under Section 452 of Municipal Corporation of Hyderabad Act alleging that the construction has been made contrary to the sanctioned plan and called for explanation of the petitioner within five days from the date of receipt of the said notice. The petitioner stated to have received the notice on 26.2.2008. It is his case that even before the receipt of the said notice, he applied for regularization of the deviations under penalization and regulation of unauthorisedly constructed buildings constructed in deviation of the sanctioned plan, along with demand draft for a sum of Rs.1,00,000/- drawn in favour of the Commissioner of Vijayawada Municipality in pursuant to the G.O.Ms.No.901, dated 31.12.2007 issued by Government of A.P. to penalize the unauthorized constructions and regularize them as one time measure. Learned counsel for the petitioner submitted that a representation has been made to the respondent-Corporation for regularization of unauthorized structures, which are made in deviation of the sanctioned plan and for the said purpose, the petitioner has also paid the demand draft for Rs.1,00,000/- and pending consideration of the same, the respondent-Corporation is threatening to demolish the structures of the petitioner without following the due process of law. Having regard to the submission made by the learned counsel for the petitioner and in view of the fact that the relief sought for in the main writ petition and the W.P.M.P. is one and the same, the writ petition is disposed of with a direction that in the event of seeking demolition of the petitioner’s building, the respondent-Corporation invariably shall follow due process of law. With the above direction, the writ petition is disposed of. No costs. _________________ G.CHANDRAIAH. J 07th MAY, 2008 Tsr/Isl. To 1. The Commissioner, Municipal Corporation of Vijayawada, Vijayawada, Krishna District. 2. Two C.D. copies.