HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.1685 of 2005 Date : 16.11.2009 Between : Nalini Padma Kumari. …..Petitioner And The Municipal Corporation of Guntur, rep. by its Commissioner. …..Respondent HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.1685 of 2005 ORDER : In this writ petition, the petitioner seeks a declaration by way of Mandamus, declaring the action of respondent-Municipal Corporation, Guntur, in taking steps for demolition of constructions made by her in the premises bearing D.No.9-11-65 (Old), 9-10-125 (New), admeasuring 137 square yards, situated at Ward No.5 (Old), 13 (New) of Block No.4 at Cloth Bazar, Main road, Kothapeta, Guntur, as illegal. 2. It is the case of the petitioner that she is the owner of house site admeasuring 137 square yards, situated at Kothapeta, Guntur, and that she has made an application to the respondent- Municipal Corporation on 29.06.2004 along with her neighbour by name Smt.A. Sujatha, for grant of permission to make constructions in ground plus two upper floors. It is submitted that the respondent-Corporation has granted permission for such constructions, vide proceedings bearing D.A.No.658/2004/G3, dated 28.07.2004. 3. In this writ petition, it is the grievance of the petitioner that though constructions have been made as per the permission granted by the respondent-Corporation, the officials of the Corporation, alleging that there are certain deviations in the constructions made by her, are taking steps for demolition of the same, without issuing any notice to her. At the stage of admission, this Court, by way of an interim order dated 3rd February 2005, directed the respondent-Corporation not to take any steps for demolition of the constructions made by the petitioner, and since then, the said order continued all along. Though the writ petition is of the year 2005, no counter affidavit is filed, and when the matter is taken up, the learned Standing Counsel appearing for the respondent-Corporation submits that he has no instructions in the matter. 4. As much as it is stated in the affidavit filed by the petitioner that there are no deviations in the constructions made by her, and that the same are made as per the sanctioned plan, I deem it appropriate to dispose of the writ petition, directing the respondents not to take any steps for demolition of petitioner’s constructions without notifying it to her and without taking steps as contemplated under the provisions of the Hyderabad Municipal Corporation Act, 1955, as extended to the Municipal Corporation of Guntur. It is also made clear that if any representation/application made by the petitioner for regularisation of constructions is pending consideration, it is open to the competent authority to take appropriate steps for regularisation of such constructions in accordance with the scheme notified for such regularisation. 5. Subject to the above directions, the writ petition is disposed of. No order as to costs. _______________________ R.SUBHASH REDDY, J 16th November 2009 ajr