THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.34393 of 2011 ORDER: 1. This Writ Petition is filed seeking issuance of a writ of mandamus declaring the action of the second respondent in threatening to demolish the bus shelter situated near Satyanarayana Municipal Park in 13th Ward of the second respondent Municipal Limits, as arbitrary and illegal and consequently direct the respondents not to demolish the said bus shelter. 2. The case of the petitioner, in brief, may be stated as follows: The petitioner is a social worker. He has been serving the downtrodden people belonging to weaker sections of society along with like-minded social worker under the name and style of “Mother Therisa Seva Samithi”. Since public at large were suffering without bus shelter near Satyanarayana Municipal Park in 13th Ward of the second respondent Municipal Limits, he applied to the second respondent for granting permission for construction of bus shelter and the second respondent granted permission vide proceedings dated 02.07.2008. Pursuant to the said permission, bus shelter was constructed with the funds collected from the donors. While so, the second respondent visited the bus shelter and called for him. When he approached the second respondent, he orally stated that the residents of the locality complained for removal of the bus shelter as masses of people were waiting there under the pretext of waiting for bus and as such he directed the petitioner to remove the bus shelter within two days or else he threatened to demolish the same by his staff. The respondents have no power or authority to demolish any portion of the said bus shelter, since the same was constructed after obtaining due permission from the second respondent. Further, the respondents have not issued any notice inviting objections. Hence, this writ petition. 3. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the second respondent. 4. Learned counsel for the petitioner contended that the bus shelter in question was constructed after obtaining permission from the second respondent Municipality, and therefore, the respondents cannot demolish the same without following due process law. 5. On the other hand, the learned Standing Counsel appearing for the second respondent contended that if the bus shelter is causing obstruction to the residents of the locality, necessary steps would be taken for removal of the same, after giving reasonable opportunity to the petitioner. 6. It is not in dispute before this Court that the second respondent Municipality has given permission to the petitioner to construct a bus shelter by the side of Satyanarayana Municipal Park. Having given permission to construct the bus shelter, the second respondent Municipality has no authority to demolish the same highhandedly, without giving any notice to the petitioner. 7. Therefore, the writ petition is disposed of directing the second respondent-Municipality to follow due process of law, in case, the removal of the bus shelter situated near Satyanarayana Municipal Park in 13th Ward of the second respondent Municipal limits, is necessary in the interest of public. There shall be no order as to costs. ____________ K.C.BHANU,J Dated: 27.12.2011 va