THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 14352 OF 2010 ORDER : 1. This Writ Petition is filed seeking to issue a writ of mandamus declaring the action of the respondent in attempting to demolish building of the petitioners in plot no.32 (A) in an extent of 133.33 square yards situated in A.P. Housing Board Colony, Maddilapalem, Visakhapatnam at 10.00 AM on 21.6.2010 without issuing notice and conducting enquiry, and proclaiming to demolish the said building as illegal and arbitrary. 2. It is the case of the petitioners that they purchased a house site plot no.32 (A) in an extent of 133.33 square yards situated in A.P. Housing Board Colony, Maddilipalem, Visakhapatnam under a registered sale deed dated 31.08.2009 from A.P. State Housing Board for a valuable consideration, and they got divided the same at 66.66 square yards each, and thereafter, constructed a small house with ground plus two floors as per approved plan. While so, at about 10.00 AM on 21.06.2010, the respondent officials came to the building and attempted to demolish the building without issuing any notice and without assigning any reasons, but on resistance by the petitioners, they left the place with a threat to come again and demolish the building. Hence, the Writ Petition. 3. The respondent corporation filed its counter affidavit admitting the approval of the plan for construction of the building of the petitioners with ground and first floor, and stated that the petitioners deviated the sanctioned plan and unauthorizedly proceeded with construction of second floor and made arrangements for laying slab, and during the course of visit of the officials on 21.6.2010, they noticed the unauthorized construction and stopped the work. But, as a precautionary measure, the petitioners approached this Hon’ble Court by way of this Writ Petition and obtained interim order. In view of the above and since the petitioners approached this Hon’ble Court suppressing the correct facts, the Writ Petition is not maintainable and the same is liable to be dismissed. 4. The petitioners claim to be owners the building in question. Without following the due process of law, the respondent corporation has no authority to demolish construction made on the land of the petitioners, even if it is illegal and unauthorized construction. Learned standing counsel for the respondent stated that after following due procedure, the respondent would take suitable action in the matter. 5. Therefore, the Writ Petition is disposed of directing the respondent corporation to follow due procedure in accordance with law and rules and regulations and take suitable action after giving reasonable opportunity to the petitioners. No costs. --------------------- (K.C.Bhanu, J.) 31.10.2011 DRK THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 14352 OF 2010 31.10.2011 THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 14352 OF 2010 DATED 31.10.2011 Between: Bitra Mohana Rao & another …Petitioners And Greater Visakhapatnam Municipal Corporation, Represented by its Commissioner …Respondent