IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 20365 of 2008 Between: Sunil Kumar Srivastav S/o.Jagdish Pershad R/o.H.No.23-6-983, Krishna Pershad Devdi, Shah Ali Banda, Hyderabad. ..... PETITIONER AND 1 The Greater Hyderabad Municipal Corporation, rep. by its Special Officer and Commissioner, Tank Bund Road, Hyderabad. 2 Deputy Commissioner, G H M C, South Zone, Sardar Mahal, Hyderabad. 3 The Assistant Commissioner, G H M C, South Zone, Circle No.1, Sardar Mahal, Hyderabad. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the authorities of respondents herein in threatening the petitioner to demolish the 1st ﬂoor raised by the petitioner over the existing ground ﬂoor in premises bearing No.23-6-983/3 situated at Krishna Pershad Devdi, Shah Ali Banda, Hyderabad is illegal, arbitrary and void and consequently direct the Respondents herein not to remove the 1st ﬂoor over the existing aforesaid premises without following due process of law and pass such other order or orders. Counsel for the Petitioner: MR.GADE VENKATESWARA RAO Counsel for the Respondents.: R.RADHA KRISHNA REDDY(SC FOR GHMC,SNCZONE) The Court made the following : ORDER: This writ petition has been ﬁled by Sunil Kumar Srivastav assailing the action of the respondents 1 to 3 in trying to demolish the ﬁrst ﬂoor raised by him over the premises bearing No.23-6-983/3 situated at Krishna Pershad Devdi, Shah Ali Banda, Hyderabad, without following the due process of law. 2. Rule Nisi came to be issued on 18.09.2008. An interim order came to be passed on the even date vide W.P.M.P.No.26597 of 2008, which reads as hereunder: “Learned counsel for the petitioner submits that the total area over which buildings exist is 48 square yards and as per G.O.Ms.No.367, dated 6.8.1998, no prior sanction of building permission is necessary for construction of individual residential building in plots upto 100 square meters. In that view of the matter, there shall be status quo existing as on this day with regard to the constructions in the premises bearing No.23-6-983/3, situated at Krishna Pershad Devdi, Shah Ali Banda, Hyderabad. The petitioner also shall not make any additions to the existing structures for a period of four weeks and notice.” 3. When the WPMP came up for consideration, Sri R. Radhakrishna Reddy, learned Standing Counsel of GHMC appearing for the respondents 1 to 3 submits that in the event of the ﬁrst ﬂoor raised by the petitioner over the premises bearing No.23-6-983/3, situated at Krishna Pershad Devdi, Shah Ali Banda, Hyderabad, is required to be demolished, the respondents 1 to 3 will follow the due process of law. 4. In that view of the matter, the writ petition is disposed of directing the respondents 1 to 3 to follow the due process of law in the event of the ﬁrst ﬂoor raised by the petitioner over the premises bearing No.23-6-983/3, situated at Krishna Pershad Devdi, Shah Ali Banda, Hyderabad, is required to be demolished. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:16th October, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}