THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION NO.33158 OF 2011 ORDER: This Writ Petition is filed seeking to declare the action of the respondent-Corporation in issuing the notice, dated 03.12.2011 directing the petitioner to stop the construction forthwith, as illegal and arbitrary and consequently, to set aside the same and to declare that the petitioner is entitled to proceed with construction in view of his application dated 15.02.2011. 2. Learned counsel for the petitioner contended that the impugned notice, dated 03.12.2011 was issued to the petitioner to stop the construction of the building; that the application for grant of permission is either accepted or rejected by the respondent-Corporation; that the petitioner is making construction strictly in accordance with the building bye-laws and hence, he prays to issue a direction to the respondent to take into consideration of the application of the petitioner. 3. On the other hand, learned Standing Counsel appearing for respondent-Corporation stated that since the neighbour raised objection that the petitioner is making constructions deviating the sanctioned plan, the respondent-Corporation issued notice and appropriate decision would be taken by it in accordance with building bye-laws duly taking into note of the notice and also the explanation given by the petitioner along with the objections that may be raised by the neighbour. 4. The petitioner seems to have started construction of the building as the respondent Corporation has not given any permission within the time prescribed under law. The petitioner made an application for construction of the building and the same is either accepted or rejected by the Respondent-Corporation. Therefore, after the statutory period is over, the petitioner started making construction of the building. In the mean while, the respondent-Corporation said to have received a complaint from the neighbour stating that the petitioner encroached into a site of a private person and started making constructions. No doubt, the respondent is under obligation either to accept or reject the application of the petitioner for sanction of building plan within the period prescribed under law. So far no orders have been passed by the respondent-Corporation on the application of the petitioner. But, at the same time, the petitioner is not supposed to construct the building contrary to the building bye-laws. Whether the petitioner is constructing the building violating the building bye-laws or not has to be verified by the respondent-Corporation in accordance with law. 5. Therefore, the Writ Petition is disposed of directing the respondent-Corporation to consider the explanation of the petitioner in pursuance of the impugned notice and also objections that may be raised by the neighbour. The exercise shall be completed within a period of three (3) weeks from the date of receipt of copy of this order. Till the decision is taken by the respondent –Corporation, the building in question shall not be demolished. It is also made clear that the petitioner shall not make any constructions except in accordance with the building bye-laws. There shall be no order as to costs. _______________ K.C.BHANU, J DECEMBER 26, 2011. YVL IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.33158 OF 2011 Between : Yousuf Ali ... PETITIONER A N D Municipal Corporation of Warangal. …RESPONDENT THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.33158 OF 2011 26.12.2011 YVL