THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.26116 of 2009 Date: 11.12.2009 Between: Pujari Venkata Tirumala Prasad. ..Petitioner and The Greater Visakhapatnam Municipal Corporation. ..Respondent THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.26116 of 2009 ORDER: The petitioner states that his mother was the absolute owner of the property bearing No.39-18-93 in survey Nos.29, 30 part of Madhavadhara Division, Visakhapatnam, admeasuring 269 sq. yards and that the same has been settled upon him through document dated 06.02.2009. Before the settlement, the mother of the petitioner is said to have obtained construction permission in respect of building on 07.02.2007. The petitioner states that the building was constructed in accordance with the sanctioned plan and still the respondent is trying to demolish the same without issuing any notice. Heard the learned counsel for the petitioner and the learned standing counsel for the respondent. The petitioner claims to have acquired the title in respect of the premises bearing No.39-18-93. May be before the property accrued to the petitioner, the respondent accorded sanction on 07.02.2007 for construction of a building with ground and two upper floors over the plot. The petitioner states that the construction was made strictly in accordance with the sanctioned plan. Even assuming that there are any deviations or violations on the part of the petitioner warranting any action, notices contemplated under the relevant provisions of the Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’) are required to be issued. It is only when the explanation submitted by the petitioner to the notices so issued is not found satisfactory that further steps in the form of demolition of offending portion can be taken. No such notices were issued to the petitioner. Hence, the Writ Petition is disposed of directing that the respondent shall not take any steps vis-à-vis the building constructed by the petitioner on the strength of permission granted on 07.02.2007 without following due procedure prescribed under the Act. There shall be no order as to costs. ________________________ L. NARASIMHA REDDY, J 11th December, 2009 GHN