IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 20034 of 2004 Between: Miss Muluk Sadat, D/o. Mr. Siddiqui, 4-8-495, Ram Mandir road, Gowliguda, Hyderabad. ..... PETITIONER AND 1 Municipal Corporation of Hyderabad, Tank Bund Road, Hyderabad. rep. by its Commissioner. 2 The Addl. Commissioner, Hyderabad Municipal Corporation, East Zone, Circle No.VI, Abids, Hyderabad. 3 The Asst. Commissioner, Circle, No.VI, Municipal Corporation of Hyderabad, Hyderabad. 4 The Asst. Commissioner, Planning Circle No.VI, Municipal Corporation of Hyderabad, Hyderabad. 5 Mr. V.S. Ravinder Raj S/o. late Sesh Raj H.No.4-8-313, Green Hotel Lane, Gowliguda, Hyderabad R5 is impleaded as per court order dt. 3-11-2004 in WPMP 26443 of 2004 .....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 Issue an appropriate writ order or direction more partcicularly a writ in the nature of Mandamus declaring the notice dt. 15.10.2004 issued on behaof of the Respondent No.1 by the Respondent No.2 under Sections 456 and 459 of the Hyderabad Municipal Corporation Act, 1955, as illegal, arbitrary and violate the principles of Natural Justice and Fairplay and Article 300 A of the constitution of India and direct the Respondents not demolish the premises bearing Door No.4-8-495, situated at Gowliguda, Hyderabad, wherein M/s. Hollywood Restaurant is situated, till the conclusion of the repairs and renovation work & Production of the fitness certificate by the petitioner and pass. Counsel for the Petitioner:MR.S.ASHOK ANAND KUMAR Counsel for the Respondent No.: MR.G.RAMA RAO The Court made the following : Order: Petitioner seeks to issue a writ of Mandamus to declare notice dated 15-10-2004 issued by the second respondent-Additional Commissioner on behalf of the first respondent-Commissioner of Municipal Corporation, Hyderabad, under Sections 456 and 459 of the Hyderabad Municipal Corporation Act, 1955, calling upon the petitioner to vacate the building bearing No.4-8-495 situated at Gowliguda, Hyderabad, as illegal and arbitrary. It is the case of the petitioner that pursuant to notice dated 15-10-2004 issued by the first respondent, petitioner made representations dated 16-10-2004 and 25-10-2004 requesting the respondents-authorities to grant time for carrying out necessary repairs and for production of the fitness Certificate of the building from the competent authority. The grievance of the petitioner is that the respondents-authorities are threatening him under the guise of notice dated 15-10-2004 to demolish the building in question. Hence, he filed the present Writ Petition. Heard the learned Counsel for the parties and perused the material available on record. The affidavit, filed in support of the Writ Petition, is silent as to what happened subsequent to the representations made by the petitioner. However, if a building is in dilapidated condition and is likely to collapse, it is always open for the respondents-authorities to inspect it and issue notice under the provisions of the Hyderabad Municipal Corporation Act, 1955. But, in view of lapse of time, no further orders need be passed in this Writ Petition. This Writ Petition is, accordingly, dismissed with a liberty to the respondents-authorities to make inspection afresh and take appropriate action in accordance with law. No costs. ______________ (V.Eswaraiah, J) 11th March, 2008 lur ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Municipal Corporation of Hyderabad, Tank Bund Road, Hyderabad. rep. by its Commissioner. 2 The Addl. Commissioner, Hyderabad Municipal Corporation, East Zone, Circle No.VI, Abids, Hyderabad. 3 The Asst. Commissioner, Circle, No.VI, Municipal Corporation of Hyderabad, Hyderabad. 4 The Asst. Commissioner, Planning Circle No.VI, Municipal Corporation of Hyderabad, Hyderabad. 5 2CCs to 6 2CD copies Form-NIC-OGS/WP{JGK}