IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF JULY TWO THOUSAND AND NINE PRESENT: THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 15300 OF 2009 Between: Dr.Penumechha Vijayababu S/o.Late Chalapathi Raju D.No.2-1-58, J.P. Road, Bhimavaram, West Godavari District. ..... PETITIONER AND The Greater Visakhapatnam Municipal Corporation, represented by its Commissioner, Tenneti Bhavan, Ramnagar, Visakhapatnam. .....RESPONDENT 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 or order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the respondent proposing to demolish the flats C1, C2 and pent house in Sindhuja Apartments situated in Plot No.15, T.S.No.375 and 376, Block No.22, of Greater Visakhapatnam Municipal Corporation, Visakhapatnam as illegal, irregular, arbitrary, unilateral and violative of principles of natural justice, Article 14, 21 and 300-A of Constitution of India and the provisions in Section 452 and 636 of Hyderabad Municipal Corporation Act in consequence thereof direct the respondent not to demolish any portion of flats C1, C2 and pent house in Sindhuja Apartments without following due process of law. Counsel for the Petitioner :Sri S.V.R.SUBRAHMANYAM Counsel for the Respondent No. MR.N.RANGA REDDY (SC FOR MPL. CORP. VSP) The Court made the following : ORDER: This Writ Petition is filed seeking a declaration that the alleged action of the respondent – Greater Visakhapatnam Municipal Corporation in proposing to demolish Flat Nos. C1, C2 and pent house in Sindhuja Apartments situated in plot No.15, T.S.No.375 and 376, Block No.22 of Greater Visakhapatnam Municipal Corporation, Visakhapatnam, as illegal and arbitrary. It is pleaded by the petitioner that the structures in question are constructed in accordance with the sanctioned plan and there are no deviations from the sanctioned plan. It is also contended that the impugned action of the respondent in attempting to demolish the structures in question without issuing any notice and without following the procedure contemplated under law is arbitrary and illegal. Heard the learned counsel for the petitioner as well as Sri N. Ranga Reddy, learned standing counsel appearing for the respondent. Having regard to the specific procedure contemplated under the Hyderabad Municipal Corporation Act 1955, for removal of the illegal constructions if any, even assuming that there is any deviation by the petitioner, the respondent is bound to follow the due process of law. Accordingly, without expressing any opinion on merits, the Writ Petition is disposed of with a direction to the respondent not to resort to demolition of the structures in question without following the due process of law. No costs. _____________ G. ROHINI, J JULY 29, 2009. YVL