IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 15967 of 2008 Between: V.Krishna Murthy S/o.V.Gardaiah Vijaya Lakshmi High School, No.12-2-823/A/25/1, Santosh Nagar Colony, Mehdipatnam, Hyderabad. ..... PETITIONER AND 1 The Greater Hyderabad Municipal Corporation, rep. by its Commissioner, Lower Tank Bund, Hyderabad. 2 The Assistant City Planner, Town Planning Section, Circle No.7, GHMC, GHMC, 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 or writs or order/s more particularly in the nature of Writ of Mandamus declaring the notice No.310/ACP/C7/GHMC/2008 dated 8.7.2008 issued by the 2nd respondent as illegal, arbitrary, unconstitutional and consequently set aside the same and be pleased to pass such other order or orders. Counsel for the Petitioner:MR.B.VIJAYSEN REDDY Counsel for the Respondent No.: (SC FOR MCH CIRCLES 3&5)KALPANA EKBOTE The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETTIION NO. 15967 OF 2008 ORDER: 1. This writ petition has been filed by V.Krishna Murthy assailing the notice caused to him on 8-7-2008 vide NO. 310/ACP/C7/GHMC/2008 whereby and whereunder he has been asked to stop further constructions and furnish ownership documents and building permission for verification. 2. When the writ petition came up for admission, Sri A. Radha Krishna Reddy takes notice on behalf of the respondents. 3. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for the respondents. 4. Learned counsel appearing for the petitioner submits that the petitioner completed constructions nine months prior to the date of notice and therefore the question of stopping further construction does not arise. The notice issued to the petitioner reads as under. “A complaint received vide reference cited, against unauthorized construction of tinshed made by you at Pr.No. 12-2-823/A/25/1, Santosh Nagar Colony, Mehdipatnam, Hyderabad over and above existing ground and first floors. You are hereby instructed to stop further construction work and also furnish the sanctioned plan if any and ownership documents in respect of above said premises for verification within *3) days from the date of receipt of this letter, failing which this office will be constrained to take action as per the provisions of the HMC Act, 1955”. 5. What is indicated in the notice that to stop further construction and if the construction had been completed nine months prior to that day, the petitioner is at liberty to inform the same to the respondents and furnish the documents for verification as required in the notice in the impugned in the writ petition. 6. With the above observation, this writ petition is disposed of. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 23rd July, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETTIION NO. 15967 OF 2008 23rd July,2008.