IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 21797 of 2003 Between: G.Vijaya Bhaskar Reddy, S/o G.Narasimha Reddy G.Vijaya Bhaska Reddy, S/o G.Narsimha Reddy, Plot No.4, Sy.No.175/2, New Maruthi Nagar, Kothapet, Ranga Reddy District. ..... PETITIONER AND The Municipal Commissioner, Ranga Reddy District. The Municipal Commissioner, L.B.Nagar Municipality, Ranga Reddy District. .....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 issue an appropriate writ, order or direction, more particularly one in the nature of writ of mandamus declaring the action of the respondents as highly arbitrary and against principles of natural justice and consequentially direct the respondent not to demolish the structures constructed in the site plot no.4 admeasuring 510 sq.yards situated in sy.no.175/2, New Maruthi Nagar, Kothapet, Ranga Reddy District with out following the due procedure established under law. Counsel for the Petitioner: MR.T.M.K.CHAITANYA Counsel for the Respondent No.: MR.R.RAMACHANDRA REDDY The Court made the following : ORDER : In this Writ Petition the petitioner seeks writ of Mandamus declaring the action of the Respondent/Municipal Commissioner in taking steps for demolition of the structures constructed by him in an area of 510 square yards, covered by Plot No.4, situated in Sy.No.175/2, New Maruthi Nagar, Kothapet, Ranga Reddy District, as illegal and arbitrary. It is a case of the petitioner that by obtaining building permission in proceedings No.G2/BP/1141/1999, dated 07-01-2000, he has constructed the building, ground plus two floors. It is further submitted that on the aforesaid floors, he has constructed a small Conference Hall. It is stated that pursuant to the scheme notified by the respondent, he has also applied for regularization of such structures. In the Writ Petition it is the grievance of the petitioner that the personnel of the respondent came to the site on 14-10-2003 at 2 PM and straightaway resorted for demolition of the structures without there being any notice and initiation of proceedings as contemplated under Section 228 of the Andhra Pradesh Municipalities Act, 1965. At the stage of admission, this Court, by order, dated 15-10-2003, ordered to maintain status quo and the said order has been in force since then. Though the Writ Petition is of the year 2003, no counter-affidavit is filed on behalf of the respondent/municipality rebutting the averments made in the affidavit filed in support of the Writ Petition. Even for removal of unauthorized structures, the procedure is contemplated under Section 228 of the A.P. Municipalities Act. At the first instance, a Provisional Order has to be passed calling for objections and thereafter Final Order is to be passed under Section 228 (3) of the Act. In this case, in spite of the specific allegation of the petitioner that the personnel of the respondent came to the site on 14-10-2003 at 2 P.M. and tried to demolish the structures therein without there being any notice and opportunity, no counter-affidavit is filed denying the allegations. On the said ground that the impugned action is not preceded by notice and without initiating the proceedings in accordance with law, this Writ Petition is disposed of directing the respondent not to take any steps for demolition of the structures of the petitioner in an area of 510 square yards, covered by Plot No.4, situated in Sy.No.175/2, New Maruthi Nagar, Kothapet, Ranga Reddy District. However, it is made clear that if the orders are not passed regularizing the structures as per the request made by the petitioner, it is open for the respondent to take steps for removal of unauthorized structures in accordance with law. Subject to above directions, the Writ Petition is allowed to the extent indicated above. No order as to costs. _____________________ R.SUBHASH REDDY, J. 22nd July, 2009. skmr