IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 20700 of 2008 Between: Lanka Subrahmanya Somayajulu S/o. LSA Dikshithulu R/o. Amrutha Arcade, Pothina Mallayyapalem Village, Chinagadili Mandal, Visakhapatnam District. ..... PETITIONER AND 1 Greater Visakha Municipal Corporation Rep. by its Commissioner Visakhapatnam. 2 Visakhapatnam Urban Development Authority Rep. by its Vice Chairman Visakhapatnam. .....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 an appropriate writ, direction or order, more particularly the one in the nature of Writ of Mandamus declaring the action of the Respondents in attempting to demolish the front portion of the petitioner's apartment bearing Flat No.5, Block-B of Amrutha Arcade in Sy. No.23/1 and part of 2 of Pothina Mallayyapalem, Chinagadili Mandal, Visakhapatnam District, without serving any notice and without giving an opportunity of being heard and without passing or communicating any order of demolition, particularly when the petitioner application for regularization of the small deviation is still pending with the 1st Respondent, as illegal, arbitrary, unjust malafide and against the principles of Natural justice and the provisions of Municipal Corporation Act and to consequently direct the Respondents not to demolish any part of the petitioner's structures as stated above. Counsel for the Petitioner:MR.K.SARVA BHOUMA RAO Counsel for the Respondent No.: MR.N.RANGA REDDY (SC FOR MPL. CORP. VSP) The Court made the following : ORDER This writ petition has been ﬁled by Lanka Subrahmanya Somayajulu assailing the action of the respondents in attempting to demolish the front portion of the petitioner’s apartment bearing Flat No.5, Block-B of Amrutha Arcade in Sy.No.23/1 and part of 2 of Pothina Mallayyapalem, Chinagadili Mandal, Visakahaptnam District. The petitioner claims that he purchased undivided share of 35 square yards in an extent of 4356 square yards in Sy.No.23/1 situated at Pothina Mallayya Palem from Pothina Venkata Rathnam and others under a sale deed dated 30.10.2005. He entered into an agreement with M/s.Jana Sravanthi Housing and Estate for construction of a residential ﬂat in Block-B with a plinth area of 1376 square feet. Accordingly, the said Jana Sravanthi Housing and Estate constructed an apartment complex known as Amrutha Arcade after obtaining permission from the respondents. According to the petitioner, the respondent authorities came to his ﬂat and tried to demolish corridor extension, without following due process of law. When the writ petition came up for admission, Sri N.Ranga Reddy, learned standing counsel for Greater Visakaha Municipal Corporation received notice on behalf of R1 and Smt V.Preethi Reddy, learned standing counsel for Visakhapatnam Urban Development Authority received notice on behalf of R2. Heard the learned counsel appearing for the petitioner, learned standing counsel for Greater Visakaha Municipal Corporation appearing on behalf of R1 and learned standing counsel for Visakhapatnam Urban Development Authority appearing on behalf of R2. Learned standing counsel appearing on behalf of 2nd respondent submits that the 2nd respondent will follow due process of law in the event of the constructions made by the petitioner are required to be demolished. In that view of the matter, the writ petition is disposed of directing the respondents to follow due process of law, in the event of the constructions made by the petitioner are required to be demolished. No costs. _________ 22-09-2008 rkk THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY WP NO.20700 OF 2008 OPERATIVE PORTION OF THE ORDER: The writ petition is disposed of directing the respondents to follow due process of law, in the event of the constructions made by the petitioner are required to be demolished. No costs. __________ 22-09-2008 Note: Issue wire at party’s costs. After dispatch of order, the file be sent to the CM Section. (B.O) rkk