IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.26214 of 2001 Between: M/s Srinidhi Builders, Rep. by its Managing Partner, Sri Asgar Ali Khan S/o Sri Md. Ali Khan, Muslim, R/o Flat No. 401 Rahman Plaza, Bogulkunta, Abids, Hyderabad. ..... PETITIONER AND The Comissioner, Kukatpally Municipality R.R.District. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ, order or direction, and more particularly one in the nature of Writ of Mandamus declaring that the action of the respondent in taking steps of demolition in respect fo Flat NO.100 at Cellar of the building named as Padmashri Enclave, at Plot No. 13, 14 and 15 in Sy.No. 127 situated at Hydernagar Village, Kukatpally, R.R.District without following due process of law is illegal, arbitrary, inasumuchas the same violatiion of principles of natural justice. Counsel for the Petitioner:MR.MOHD.MOIN AHMED QUADRI Counsel for the Respondent: MR.V.VISWANATHAM The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.26214 of 2001 ORDER: Petitioner seeks to issue a Writ of Mandamus declaring the action of the respondent in taking steps to demolish Flat No.100 situated at Cellar of the building named as Padmashri Enclave at Plot Nos.13, 14 and 15 in Sy.No.127 situated at Hydernagar Village, Kukatpally, Ranga Reddy District, without following due process of law, as illegal and arbitrary. I am not inclined to express any opinion as to whether the petitioner constructed Flat in the cellar in accordance with the sanction plan and whether the cellar is meant for parking or for residential purpose. But, however, if there is any illegal construction contrary to the sanction plan, it is always open for the respondent to demolish the same by following due process of law. Accordingly, the writ petition is disposed of directing the respondent to take appropriate action for demolition of construction of cellar, if it is not in accordance with the sanction plan, after issuing show cause notice and after giving reasonable opportunity to the petitioner. There shall be no order as to costs. ___________ 03-04-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSKM}