HONOURABLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.21501 of 2003 ORDER: In this writ petition, the petitioner has questioned the provisional notice, dated 30-09-2003, issued by the 1st respondent-Commissioner in proceedings No.PO/UCR No.33/I/ 2003. The said notice was issued under Section 228 (1) and (2) of the A.P. Municipalities Act (hereinafter referred to as 'the Act'), whereby, the unauthorised constructions alleged to have been made by the petitioner, are sought to be demolished. 2. The petitioner is the owner of a piece of land, admeasuring 275.56 square yards, situated in Vimaladevi Nagar, Malkajgiri, Ranga Reddy District. He has applied to the respondent-Municipality, for permission to construct ground plus two upper floors on the said piece of land, and got permission vide permit No.G2/19/2003, dated 18-01- 2003. In the impugned notice, issued by the 1st respondent- Commissioner in exercise of powers conferred under Section 228 (1) and (2) of the Act, it is alleged that the petitioner has violated the permission granted to him and has unauthorisedly constructed the third floor, and therefore, the petitioner was asked to remove the said unauthorised construction. Hence, this writ petition. 3. In the affidavit filed by the petitioner, it is stated that he has obtained permission from the respondent-Municipality for construction of ground, 1st and 2nd floors, and that he has made constructions as per the sanctioned plan. It is further stated that he has constructed a small portion on the 2nd floor for providing reading room to his children. It is also submitted that during the pendency of the proceedings, in view of the amendments made to the Hyderabad Municipal Corporation Act, 1955, he has also applied for regularization of the constructions made by him over the 2nd floor. 4. Counter affidavit is filed on behalf of the respondents, wherein, it is stated that the permission granted to the petitioner is only to construct the ground, 1st and 2nd floors, but he has unauthorisedly constructed an extra floor beyond the permitted floors, with the plinth area of 37'X37'4”, and as such, the provisional order, dated 13-09-2003, was issued by them, calling upon the petitioner to remove the unauthorised constructions made by him. 5. In this case, it is to be noted that the impugned notice is issued under Section 228 (1) and (2) of the Act, which is only a provisional order, and the same is to be confirmed by final orders, as contemplated under Section 228 (3) of the Act, and so far, no such final orders are passed in the matter. Though it is stated in the writ petition that the respondents are intending to take steps for demolition of the constructions made by the petitioner, but, without passing any final orders, respondent-Municipality cannot demolish the constructions, at this stage. Although it is contended by the petitioner that he has made an application for regularization of the constructions made by him, no material is placed before this Court in proof of submitting such an application. 6. As much as no final orders are passed under Section 228 (3) of the Act so far, I dispose of the writ petition, permitting the petitioner to file his explanation to the provisional notice, dated 30.09.2003, within a period of four weeks from today. Upon filing such explanation, the respondents shall consider the same and take further steps in the matter, and pass appropriate final orders. Till such final orders are passed, no steps shall be taken for demolishing the constructions made by the petitioner. I am sure that if any application is already filed by the petitioner for regularization, as stated by him, the same shall also be considered by the respondents before passing of final orders. 7. Subject to above directions, the writ petition is disposed of. No order as to costs. ______________________ 03th August 2009 Note: Issue C.C. in two days. B/o. KVR