IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 24220 of 2002 Between: P.Padma Rao S/o Narasinh Rao R/o H.No.5-9-19, Secretariat Road, Hyderabad. ..... PETITIONER AND 1 The Commissioner Muncipal Corporation of Hyderabad, Tank Bund, Hyderabad. 2 Assistant City Planner, Town Planning Section, Circle No.6 M.C.H., Abids, Hyderabad. 3 Chief City Planner, M.C.H., Tank Bund, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an Order , Direction or Writ more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in demolishing the structures of the building bearing permises No.5-9-19, Situated at Secretariat, Hyderabad without following the due process of law as contemplated under the provisions of Hyderabad Muncipal Corporation Act 1955, as illegal, arbitrary, contrary to the provisions of Act and violative of Principles of Natural justice and consequently direct the respondents to reinstate from demolition without any sanction of Law. Counsel for the Petitioner:MR.M.P.UGLE Counsel for the Respondent No.: R.RADHA KRISHNA REDDY(SC FOR GHMC,SNCZONE) The Court made the following : THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO:24220 of 2002 ORAL ORDER: In this writ petition, the petitioner seeks a direction by way of mandamus to declare the action of the respondents in taking steps for demolition of the structures of the building bearing No. 5-9-19 situated at Secretariat Road, Hyderabad, as illegal and arbitrary. Petitioner is the owner of premises bearing No.5-9-19 in an extent of 2137 sq. yards situated at Secretariat Road, Hyderabad having obtained permission from the Municipal Corporation of Hyderabad for construction of commercial complex consisting cellar, stilt plus five floors. It is his case that though he has constructed the building as per the sanctioned plan with minor deviations, the respondents have issued notice dated 12.11.2002 as contemplated under section 453 of the Hyderabad Municipal Corporation Act, 1955 to which he has submitted his explanation dated 19.11.2002. It is his grievance that without considering his explanation and without issuing any further notice as contemplated under the provisions of the Hyderabad Municipal Corporation Act, the respondents are trying to demolish the structures. During the course of arguments, it is submitted the learned counsel for the petitioner that subsequently in view of the amendments made to Hyderabad Municipal Corporation Act and rules made thereunder for regularization of the structures constructed in deviation to the sanctioned plan, the petitioner has submitted his application bearing No.BPS/21/8/C2/08 and the same was received on 29.2.2008 along with necessary fees. It is stated that at the time of admission of this writ petition this court by order dated 4.12.2002 granted interim direction not to demolish the structures of the premises bearing 5-9-19 situated at Secretariat Road, Hyderabad, pursuant to the notice bearing No.190 dated 12.11.2002. Though the writ petition is pending for the last seven years, no counter affidavit is filed and the said interim order is continued since then. In absence of any counter affidavit denying the allegations of the petitioner and in view of t he fact that application filed by the petitioner bearing No. No.BPS/21/8/C2/08 is pending consideration before the respondents, I deem it appropriate to direct the respondents not to take any action for demolition of structures of the building in question pursuant to notice No.190 dated 12.11.2002 till appropriate orders are passed on the application of the petitioner bearing No.BPS/21/8/C2/08 as per buildings regularization scheme in force. The writ petition is disposed of accordingly. No order as to costs. _____________ 15-6-2009 asp