THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.32346 OF 2011 O R D E R: This Writ Petition is filed seeking to issue a writ of Mandamus declaring the proceedings, dated 18.11.2011, issued by the respondent as illegal and arbitrary and consequently direct the respondent not to demolish the structures in the basement at Door No.32-22-126, Chuttugunta Centre, Eluru Road, Vijayawada. 2. Brief facts, which are necessary for disposal of this writ petition, are that the petitioner constructed the aforementioned building after obtaining building permission for construction of the same. Though the approved plan was for construction of building with a cellar, ground and two upper floors, the petitioner constructed the building only upto first floor and part of the second floor. The building including the basement is utilized for shops as the building plan approved is for commercial purpose. The sanctioned plan does not say that the basement is meant for parking, except a portion at the corner of the building. While so, the respondent issued the impugned notice, dated 18.11.2011, under Sections 452, 461 and 636 of the Hyderabad Municipal Corporation Act, 1955 (for brevity ‘the Act’) directing the petitioner to remove the unauthorized constructions, which are in cellar portion, as it is contrary to the Act and the relevant G.Os issued by the Government. It is further averred in the affidavit that the construction of basement is valid and approved and as such that portion cannot be treated as unauthorized construction as the building was constructed after obtaining necessary permission and at that time, there is no such law or rules which as ear-marked the basement or the ground floor for parking purpose and as such the respondent cannot unilaterally direct the petitioner to convert the basement into parking area by straight away issuing notice under Sections 452, 461 and 636 of the Act. 3. I have heard the learned counsel for the petitioner as well as the learned Standing Counsel for the respondent. 4. The learned counsel for the petitioner contended that the notice, dated 18.11.2011, was issued under Sections 452, 461 and 636 of the Act, whereby, the respondent came to the pre-conclusion and that in pursuance of this notice, the petitioner would submit her explanation and hence, prays to set aside the same. 5. On the other hand, the learned Standing Counsel for the respondent Corporation contended that the impugned notice, dated 18.11.2011, has to be treated as show cause notice and after receipt of explanation, appropriate decision would be taken by the respondent in accordance with law. 6. As seen from the impugned notice, it is clear that it was issued under Sections 452, 461 and 636 of the Act. After calling for the explanation under Section 452 of the Act, appropriate decision has to be taken with regard to the unauthorized construction. Therefore, the mentioning of Section 636 of the Act in the impugned notice is nothing but pre-concluding the matter. After issuance of a notice under Section 452 of the Act, an order under Section 636 of the Act has to be issued to the persons, who made constructions contrary to the sanction plan or made any unauthorized constructions. Therefore, the impugned order in so far it relates to mentioning the provision under Section 636 of the Act is set aside. The impugned notice, dated 18.11.2011, can be treated as show cause notice issued under Section 452 of the Act only. The petitioner is directed to submit explanation to this notice and thereafter, appropriate decision has to be taken by the respondent in accordance with law. 7. Hence, the writ petition is disposed of directing the respondent to take appropriate decision in pursuance of the explanation that may be given by the petitioner to the notice, dated 18.11.2011, and pass appropriate orders thereon within a period of two (2) weeks from today and shall communicate the same to the petitioner. Till then, the building of the petitioner shall not be demolished. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 09th December, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.32346 OF 2011 Date:09.12.2011 AMD