THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION NO.33919 OF 2011 ORDER: This Writ Petition is filed seeking to declare the action of respondent No.3 in trying to demolish the building namely Sri Shanthisena Raktha Sahakara Bandhuvu Trust, admeasuring Ac.0-05 cents in survey No.272/2, Anantapur Town, Anantapur District, without issuing any notice and without following due process of law, as arbitrary and illegal and consequently to direct respondent No.3 not to take any coercive steps for demolition of the building in question. 2. It is stated in the affidavit filed in support of the Writ Petition that the Mandal Legislative Assembly, Anantapur, had made a request to respondent No.2-District Collector to allot Ac.0-05 cents of land in survey No.272/2 at Nayaknagar on lease basis for construction of building for carrying their services. In pursuant thereto, respondent Nos.3 and 4 passed resolution, dated 25.08.2010 in favour of the petitioner’s trust allotting the said land on lease basis for a period of 25 years and also sent the said proposal to respondent No.1 for further course of action. Thereafter, on 18.11.2011, the petitioner’s trust made a representation to respondent No.2 and requested to send the Resolution, dated 25.08.2010 to respondent No.1 for approval of land in favour of the petitioner’s trust. The said representation is pending consideration before respondent No.1. While things stood thus on 15.12.2011 respondent No.3 and its staff came to the land in question and directed the petitioner’s trust to remove the building in question, otherwise they will take appropriate steps for demolition of the same. Therefore, without issuing any notice respondent No.3 is highhandedly trying to demolish the building in question and on 20.12.2011 the officials of the respondent No.3 came to the premises and directed orally to remove the building forthwith, otherwise they will take appropriate steps for demolition of the same. Hence, the Writ Petition. 3. Learned counsel for the petitioner contended that without there being any notice, the respondents are trying to demolish the building in question and hence, he prays to issue a direction to the respondents not to demolish the same. 4. On the hand, learned Government Pleader appearing for the respondents contended that if the petitioner’s trust constructed the building in question contrary to the building bye-laws, they will issue notice and follow the procedure for demolition of the same. 5. It seems the petitioner’s trust constructed the building in an extent of Ac. 0-05 cents in survey No.272/2. The petitioner has not filed any sanctioned plan for construction of the building. No person can be permitted to construct the building without any sanctioned plan or approval from the competent authority. No such plan was filed by the petitioner’s trust to show that it had obtained permission from the competent authority. But, at the same time, the respondents have no authority for demolition of the building in question, without issuing any notice. 6. Therefore, the Writ Petition is disposed for directing respondent No.3 to take appropriate decision in accordance with law. If the petitioner had constructed the building in question without any permission or sanctioned plan, the same shall be removed after giving notice to it. 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.33919 OF 2011 Between : M.Pavan Kumar ... PETITIONER A N D The Government of Andhra Pradesh and others. …RESPONDENTS THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.33919 OF 2011 26.12.2011 YVL