THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.30458 OF 2011 ORDER: This writ petition is filed seeking to issue writ of Mandamus declaring the action of respondent No.1 in resorting to demolish the petitioners’ multi storied building structures made in pursuance of the plan in B.A.No.24/2011/G2, dated 08.04.2011, in Municipal Ward No.18 (Old No.20), Sy.No.2/1A (Old Sy.No.2) of Thambuvanigunta Village accounts, Tirupati Urban Mandal No.9, Akkarampalle Group, Tirupati, Chittoor District without passing any orders on the representation, dated 08.10.2011, of the petitioner as illegal and arbitrary. 2. It is stated in the affidavit filed in support of the writ petition that the petitioners are husband and wife. The petitioners purchased an extent of 50 ankanams and 25 ankanams in the aforementioned land through separate registered sale deeds on 21.04.2003. Further, petitioner No.2 purchased another land adjacent to their land to an extent of 25 ankanams through registered sale deed on 23.04.2003. Thus, both the petitioners are the owners of total extent of 100 ankanams or 3600 Sq.ft or 400 Sq.yards and have been in peaceful possession and enjoyment of the said property. While so, one S.S.Gardens Apartment Owners Association-respondent No.2, which is on the western side of their plots, approached the petitioners to sell part of their land for additional way to their plots. As the petitioners refused to sell the said portion of the plots, respondent No.2 bore grudge and threatened them that at any cost, they should sell the property to it. After purchase of the above properties, the petitioners clubbed together and made them into a single block with an intention to construct a multi storied building for residential purpose. Hence, they made an application to respondent No.1 for permission. Respondent No.1, having followed the prescribed procedure and satisfied, gave permission and approved the plan vide proceedings dated 08.04.2011 and hence, the petitioners started construction of the residential complex. As respondent No.2 failed to get the property from the petitioners, tried to obstruct the construction with a mala fide intention to harass them. So, the petitioners filed O.S.No.277 of 2011 on the file of III Additional District Judge, Tirupati and obtained interim injunction and the said suit is pending. While so, respondent No.2 made a representation to respondent No.1 complaining that the petitioners have violated the approved plan and constructed multi storied building complex and sought for appropriate action. Respondent No.2 also filed W.P.No.17577 of 2011 in this regard to remove the unauthorized structures but the same was disposed of with a direction to respondent No.1 to pass appropriate orders in accordance with law after giving an opportunity of hearing to respondent Nos.2 to 4 therein. In pursuance thereof, respondent No.1 issued notice, dated 16.08.2011, under Section 452(1) and (2) of the Hyderabad Municipal Corporation Act, 1955 (for short, ‘the Act’) to petitioners calling for explanation. The petitioners submitted their explanation on 19.08.2011 stating that due to Vaastu, they have made construction with small deviations but within their site and that they are ready to pay the penalty that may be imposed by respondent No.1, and requested respondent No.1 to exercise his power under Section 452-A of the Act. But no action has been initiated by respondent No.1. While so, at the instigation of respondent No.2, respondent No.1 deputed his staff and directed them to stop the construction. Again they made a representation on 08.10.2011 stating respondent No.2 constructed its apartment by violating 250% more than the approved plan, but is complaining about the small deviations within their approved plan due to unavoidable circumstances and repeated their request. The said representation was received by respondent No.1 on 15.10.2011 but so far, no orders are passed and the Municipal authorities are threatening to remove the structures. Hence, the present writ petition. 3. Learned counsel for the petitioners contended that a notice under Section 452(1) and (2) of the Act was issued on 16.08.2011 for certain deviations against the sanctioned plan for which the petitioners gave their explanation on 19.08.2011; that without considering the explanation submitted by the petitioners, respondent No.1 is trying to demolish the deviations in making constructions and hence, he prays to issue a direction to respondent No.1. 4. On the other hand, learned Standing Counsel appearing for respondent No.1 Corporation contended that because there are certain deviations in constructions as against the sanctioned plan, notice, dated 16.08.2011, under Section 452 of the Act was issued calling for the explanation of the petitioners and the explanation has been given by petitioners and appropriate decision would be taken by the Corporation. 5. The factual matrix is not in dispute. It seems that the petitioners made certain constructions contrary to the sanctioned plan. Therefore, respondent No.1 rightly issued a notice under Section 452 of the Act for which the petitioners gave their explanation. Therefore, appropriate decision has to be taken by respondent No.1 in accordance with law. So, respondent No.1 is directed to take appropriate decision basing on the notice as well as the explanation, dated 08.10.2011, of the petitioner. Till such decision is taken, the deviations in making constructions shall not be demolished. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. ______________________ JUSTICE K.C.BHANU 17th November, 2011. AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.30458 OF 2011 Date:17.11.2011 AMD