IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 15156 of 2008 Between: Sri Gajanan Fort Flat Owners Welfare Association, Rep. by its Secretary, K. Jaganath Rao, S/o. Appal Narasimhulu, 44 Years, Male, Hindu, Plot No.203, Gajanan Apartments, Shantinagar, Near N.A.D. Kotha Road, Greater Visakhapatnam. ..... PETITIONER AND The Greater Visakhapatnam Municipal Corporation, Rep. byits Commissioner, Visakhapatnam. .....RESPONDENT 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 issue any Writ, Order or direction, more particularly, one in the nature of Writ of Mandamus declaring the high handed action of the respondent in attempting to demolish the flats in Sri Gajanan Fort Flats Apartments on 10-07-2008 without any notice is arbitrary, capricious, and illegal and also in violation of Articles 21 & 300-A of Constitution of India and also in violation of principles of natural justice and consequently to direct the respondent not to demolish the flats in Sri Gajanan Fort Flats Apartments situate in Shanti Nagar, Behind Jindal Bhawan, near N.A.D. Kotha Road, Visakhapatnam except under due process of law or to pass Counsel for the Petitioner:SMT.N.(P).ANJANA DEVI, SATYANARAYANA Counsel for the Respondent No.: MR.N.RANGA REDDY (SC FOR MPL. CORP. VSP) The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 15156 OF 2008 ORDER: 1. The petitioner is Sri Gajanan Fort Flat Owners Welfare Association. This writ petition has been filed assailing the action of the respondent in attempting to demolish the flats without following due process of law. 2. K.Jaganath Rao has sworn to the writ affidavit filed in support of the petition. It is stated in the writ affidavit that the owners of the Sri Gajanan Fort Flats formed into an association and got it registered under the Societies Registration Act on 27-9-2003. All the members of the association claimed to have purchased flats from the builder namely Sri S.Srihari and occupied the flats in the year 2003. The builder commenced construction of the apartments in 2001 and delivered possession to the members of the petitioner’s association in the year 2003. When the respondent is attempting to demolish flats, the petitioner approached this Court invoking jurisdiction under Article 226 of the Constitution of India. 3. Heard learned counsel appearing for the petitioner and learned standing counsel for the respondent. 4. Learned standing counsel appearing for the respondent, on instructions, submits that the respondent corporation will serve notice to the members of the association individually in the event of flats in their occupation are required to be demolished because of contravention of any of the provisions of Hyderabad Municipal Corporation Act and Rules framed therein. 5. In that view of the matter, this writ petition is disposed of directing the respondent to give notice to the members of the association individually before taking any action for demolition of the flats which are said to be constructed in violation of the provisions of Hyderabad Municipal Corporation Act and Rules framed therein. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 15th July, 2008. Note: C.C. in three days B/o KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 15156 OF 2008 15th July, 2008.