THE HON’BLE SRI JUSTICE V.ESWARAIAH W.RP. No. 10829 OF 2010 DATED: 5TH MAY, 2010 Between : Bachu Mohan Srinivas Petitioner And Municipal Corporation of Vijayawada, Rep.by its Commissioner, Vijayawada and another Respondents ORDER: The petitioner filed this writ petition for a writ of Mandamus declaring the action of the respondents in demolishing the portion of the house bearing Door No.76-13-79, New Jojinagar, Bhavanipuram, Vijayawada, without issuing any notice and without giving any opportunity to substantiate his case and without following the due procedure laid down under the Municipal Corporations Act, as illegal and arbitrary. The petitioner states that he is the owner and possessor of the house bearing Door No. 76-13-79, New Jojinagar, Bhavanipuram, Vijaywada, Krishna District, in Survey No. 28/5, having purchased the same from Ibrahim Saheb on behalf of Akarsh Constructions Private Limited by way of sale deed dated 7.10.2002. Out of 1860 Sq. yards, a part of the land was utilized for construction of the building and he is paying the municipal taxes. The grievance of the petitioner is that the subordinates of the respondents visited the premises on 30.4.2010 and tried to demolish the said house without giving any notice. Even if the petitioner has constructed the house without obtaining permission, the respondents cannot demolish the same without issuing any notice. Having regard to these facts, the writ petition is disposed of directing the respondents not to demolish any part of the house bearing Door No.76-13-79, New Jojinagar, Bhavanipuram, Vijayawada, Krishna District, without following due process of law. No order as to cost. Justice V.Eswaraiah May 5, 2010 MAS