HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.19102 of 2002 Date: December 1, 2009 Between: S.M.R. Ram Residency Owners Welfare Association, H.No.10-2-286/8, Road No.6, West Marredpally, Secunderabad, rep. by its Secretary T. Ramakrishnaiah … Petitioner And The Municipal Corporation of Hyderabad, Represented by its Additional Commissioner, Secunderabad … Respondent Order: The petitioner, a flat-owners’ welfare association, seeks a Writ of Mandamus declaring the action of the respondent in demolishing the structures under the overhead tank of the building named S.M.R. Ram Residency, situated in H.No.10-2- 286/8, Road No.6, West Marredpally, Secunderabad, as illegal. The grievance of the petitioner is that the structures raised under the overhead tank on the fourth floor of the building in question are sought to be demolished by the respondent without issuing any notice and without following the procedure under the provisions of the Hyderabad Municipal Corporation Act, 1955. At the stage of admission, this court, by order dated 30- 09-2002, issued directions to the respondents not to demolish the structures, which are subject matter of the writ petition. Though the writ petition is of the year 2002, no counter affidavit is filed and the interim order dated 30-09-2002 has been in force. When the matter is taken up, it is submitted by learned counsel for the petitioner that in view of amendments to Hyderabad Municipal Corporation Act, 1955, Section 455(a)(a) is inserted. It is stated that, in view of the same and also orders issued by the Government in G.O.Ms.No.901 dated 31- 12-2007 and G.O.Ms.No.112 dated 31-01-2008, the petitioner-association has applied for regularization of structures on 14-05-2008 by paying necessary fees and the same is pending consideration. In absence of any counter affidavit on behalf of the respondents controverting the allegations of the petitioner and also in view of filing application by the petitioner on 14-05- 2008 for regularization of structures in question, I dispose of the writ petition directing the respondents not to take steps for demolition of such structures till the application of the petitioner is considered and appropriate orders are passed. However, it is made clear that if the structures in question are not regularized, it is open to the respondents to proceed further by following the procedure contemplated under the Hyderabad Municipal Corporation Act, 1955. No order as to costs. ___________________ R. SUBHASH REDDY, J December 1, 2009 MRR