THE HON’BLE Ms. JUSTICE G. ROHINI Writ Petition No. 11801 of 2010 Dated: 23.08.2010 Between: Ch.Shyam Kiran, Warangal and 6 others. … Petitioners And The District Collector, Warangal and 4 others. … Respondents THE HON’BLE MS. JUSTICE G.ROHINI WRIT PETITION No. 11801 of 2010 O R D E R: This writ petition is filed aggrieved by the notice dated 14.05.2010 issued by the 3rd respondent calling upon the petitioners to remove the structures in the premises bearing Nos. 18-03-165 and 166 within 24 hours alleging that the petitioner having taken up demolition of the building had left it unfinished due to which the structure was left in a dangerous condition and there was a threat of collapse. I have heard the learned counsel for both the parties and perused the material available on record. It is not disputed before this Court that the petitioners had earlier filed W.P.No.19383 of 2009 and the same was disposed of by this Court by order dated 11.09.2009 directing the respondents not to demolish the premises in question without following due process of law. Thereafter, the impugned notice came to be issued by the 3rd respondent-Municipal Corporation. This writ petition has been filed contending inter alia that in view of G.O.Ms.No.181 dated 23.04.1998 transferring certain powers and functions of the Corporation to A.P. Industrial Infrastructure Corporation Limited, the 3rd respondent- Corporation has no jurisdiction to issue the impugned notice. This Court initially by order dated 20.05.2010 directed status quo existing as on that date shall be maintained. Subsequently, the interim order dated 20.05.2010 has been modified by this Court by order dated 08.06.2010 as under: “The interim order of status quo granted earlier is continued until further orders on condition that no person is allowed to enter into or reside within a radius of 50 feet from the structure which the Municipal Corporation alleges to be in dilapidated condition.” Though no counter affidavit is filed on behalf of the respondents, the petitioners filed an additional affidavit dated 31.07.2010 stating that as the permission granted by the 5th respondent-A.P.I.I.C. for construction of new commercial complex is valid for a period of three years, the petitioners may be permitted to remove completely the existing structures and proceed with the construction of a new commercial complex in accordance with the approved plan sanctioned by the 5th respondent. As the petitioners themselves have come forward to remove the structure in question, the learned counsel appearing for the Corporation submitted that they may be permitted to do so. However, in view of the fact that the building is located abutting the main road of Hanmakonda- Warangal, which is a busy and important road, such demolition has to be carried out under the supervision of the officials of the Corporation in the larger interest of the public. Accordingly, the Writ Petition is disposed of permitting the petitioners to take up the demolition of the existing structures in the premises bearing No.18-3-165 and 166 with prior notice to the respondents 3 and 5 so as to enable them to ensure the presence of the concerned officials. Thereafter, it is open to the petitioners to proceed with the fresh construction in accordance with law. No costs. ____________ G.ROHINI,J Date: 23.08.2010 KLP