IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No : 12674 of 2009 Between: Smt. A. Laxmi Bai, W/o. Late A. Srihari, r/o. H.No. 8-2-189, Panjagutta, Hyderabad. ..... PETITIONER AND 1 The Commissioner, Greater Hyderabad Municipal Corporation, 1st floor, Municipal Complex, Tankbund, Hyderabad. 2 The Assistant City Planner, The Planning Section, Circle - V, Greater Hyderabad Municipal Corporation, West Zone, Khairatabad, Hyderabad. .....RESPONDENT(S) 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 issue a writ, order or direction in the nature of Writ of Mandamus declaring the action of the respondents in issuing the show cause notice u/sec. 452 of H.M.C. Act bearing No. 1420/RW/TPS/C10/GHMC/2009 dated 25-6-2009 and set aside the same as illegal, arbitrary, unconstitutional and against the principles of natural justice and pass Counsel for the Petitioner:MR.PILLI.NAGARAJ Counsel for the Respondents : SMT.KALPANA EKBOTE The Court made the following : ORDER: The petitioner herein claims title and possession in respect of premises bearing No.8-2-189, Ameerpet, Hyderabad. The respondent corporation issued a notice dated 25.06.2009 under Section 452 of the Hyderabad Municipal Corporation Act, 1955 (for short ‘HMC Act, 1955’) alleging that the petitioner had constructed rooms in the said premises without obtaining the prior permission of the Corporation and thus violated the provisions of the HMC Act, 1955 read with Building Bye-Laws and Zoning Regulations of 1981. Accordingly the petitioner was called upon to show-cause within three days as to why the said constructions should not be removed/pulled down. Aggrieved by the same, this writ petition is filed contending that the allegations made by the respondent-Corporation are false and without any basis and therefore the proposed demolition under the impugned notice is arbitrary and illegal. This Court, by order dated 26.06.2009, while issuing notice to the respondents, directed the petitioner to submit her explanation to the imposed show-cause notice by 29.06.2009. The Corporation was also directed to receive the explanation of the petitioner if submitted on or before 29.06.2009 and not to demolish the structures unless and until the said explanation is considered in accordance with law and appropriate order is passed. When the matter is taken up consideration, the learned counsel for the petitioner submitted that the petitioner had accordingly submitted her explanation on 29.06.2009. The learned standing counsel appearing for the Corporation, under instructions submitted that the matter is under consideration and appropriate orders would be passed in accordance with law. In the circumstances, no further enquiry is necessary by this Court. Accordingly, the Writ Petition is disposed of with a direction to the Corporation to consider the petitioner’s explanation dated 29.06.2009 and pass appropriate orders in accordance with law. Till such order is passed and communicated to the petitioner, the respondents are directed not to resort to demolition of the structures in the premises in Question and not to interfere with the possession of the petitioner in any manner whatsoever. No order as to costs. _______________ G.ROHINI,J July 13, 2009. Ivd/Gbs