THE HON'BLE MR. JUSTICE R.SUBHASH REDDY Writ Petition No.8949 of 2002 ORDER: Heard the learned counsel for the petitioners. No representation on behalf of the respondents. 2. This Writ Petition is filed in the year 2002 seeking a Writ of mandamus to declare the action of the respondents in taking steps for demolition of the premises bearing Assessment Nos.6112/25, 6112/26 in Ward No.5, 5881/377/21, 22, 23 and 24=01 in Ward No.5/A, 5079, 5079/1 and 5079/2 in Ward No.4/B, 2901/O, 2901/N and 2988/L in Ward No.4 of Guntur Municipal Corporation, as illegal and arbitrary. 3. As averred in the affidavit it is the case of the petitioners that when there was interference by the Municipality, they have also filed civil suits and interim orders were also passed by the competent civil Courts in the civil suits. It is their grievance that in spite of such orders were passed by the competent civil Courts, the Municipality is taking steps for demolition of the premises without following the due procedure as contemplated under the provisions of the Municipal Corporation Act. On 07-05-2002, this Court admitted this Writ Petition and passed interim order and the said interim order continued all along. Though the Writ Petition is pending for the last seven years, no counter-affidavit is filed on behalf of the respondents. 4. Heard Sri G.Pedda Babu, the learned counsel appearing for the petitioners. 5. In view of the submissions of the learned counsel for the petitioners that there are already interim orders passed by the Civil Courts and further the allegation of the petitioners that they were not issued any prior notice and opportunity before taking steps to demolish their premises, I dispose of this Writ Petition directing respondents not to take any steps for demolition of the premises of the petitioners referred to above. Further, it is clarified that if any constructions were made in the above premises, either without permission from the competent authority or in deviation to the sanctioned plan, this order will not preclude the respondents to take steps for removal of such structures by following due procedure as contemplated under the Municipal Corporation Act. 6. Subject to above direction, the Writ Petition is disposed of. No order as to costs. ___________________ R.SUBHASH REDDY, J. 24th March, 2009. skmr IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 8949 of 2002 Between: 1 Karasani Subbamma, W/o.Chinna Pulla Reddy, R/o.Laxmipuram, Guntur, Guntur District. 2 Palem Sankara Rao, S/o.Cinna Kasaiah, R/o.Ramakrishna Towers, Vidyanagar, Guntur District. 3 Palem Shiva Narayana, S/o.Nagaiah, R/o.Ramakrishna Towers, Vidyanagar, Guntur District. 4 Alla Rajya Laxmi, W/o. Siva Reddy, R/o. Siddartha Apartments, 5th Line, Pandaripuram, Guntur. 5 Bhashyam Lakshmi Narayana, S/o. Ramaiah, R/o. 4-5-60/4/1, Sai Baba Road, Koritepadu, Guntur. 6 Shaik Haji Masthan Saheb, S/o. Mahaboob Basha, R/o. 2nd Line, Navabharath Nagar, Guntur. 7 Patluri Padmaja, W/o. Sudhakar, R/o. Nandigama, Krishna District. Rep. by its their father adn Power of Attorney Agent Sri Kalluri Gopi Chand, S/o. Seethaiah, Age: 65, Occ: Retd. Professor, R/o. Guntur. 8 Bogineni Kalyani, W/o. Chandu Ramanaiadu, R/o. New Jersi, United States of America, Rep. by its their father and Power of Attorney Agent Sri Kalluri Gopi Chand, S/o. Seethaiah, Age: 65, Occ: Retd. Professor, R/o. Guntur. 9 Gogineni Leela Parvathi, D/o. Gogineni Hanumantha Rao, R/o. Chirala, Prakasam Distraict, Rep. by its her father & Power of Attorney Agent Sri Gogineni Hanumnanth Rao, S/o Subba Rao, Age: 52 Occ: Business, R/o. Kothapeta, Chirala, Prakasam District. 10 Ravipudi Hemantha Rao, S/o. Venkata Subbarao, R/o. Pandaripuram, Guntur District. 11 Ravipudi Venkata Subbarao, S/o. Seshaiah, R/o. Pandaripuram, Guntur District. 12 Tadikonda Seshagiri Rao, S/o. Seetha Ramaswamy, R/o. Hyderabad, Rep. by his Power of Attorney Agents Kanumuri Vinod Kumar, S/o. Subba Rao, Age.35, and Mekala Babu Rao, S/o Narsaiah, Age: 28, R/o. Guntur, Guntur District. ..... PETITIONERS AND 1 The Commissioner, Municipal Corporation, Guntur, Guntur District. 2 The Superintendent of Police, Guntur, Guntur District. .....RESPONDENTS 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 of Mandamus or any other appropriate writ, or order or direction in the nature of a writ directing the first respondent not to demolish the shops and constructions bearing Assessment Nos.6112/25, 6112/26 in Ward No.5,5881/377/21, 22, 23 and 24=01 in ward No.5/A, 5079, 5079/1 and 5079/2 in Ward No.4/B, 2901/0, 2901/N and 2988/L in Ward No.4 of Guntur Municipal Corporation belonging to the petitioners without following the due procedure contemplated under Section 452 of Municipal Corporation Act, 1955 like giving show cause notice, opportunity and passing reasoned order thereon and to direct the respondents to give respect and aid to the implementation of the Civil Court orders and to pass Counsel for the Petitioner: MR.G.PEDDA BABU Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following :