THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO.12067 OF 2005 18th December 2009 Between: Shakuntala, W/o.Gopal Singh. …PETITIONER AND The Municipal Corporation of Hyderabad, rep.by its Commissioner. …RESPONDENT THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO.12067 OF 2005 ORDER: The petitioner filed this Writ Petition seeking Writ of Mandamus declaring the action of the respondent in taking steps for demolition of the wall constructed by her covering an extent of 280 square feet of space in B-basement portion in Door No.11-4-651, Lakdikapool, Hyderabad, as illegal and arbitrary. The case of the petitioner is that no proceedings have been initiated for removal of any unauthorized constructions, in the absence of which, the respondent cannot take any steps for demolition, which is illegal and arbitrary. Though counter affidavit is filed on behalf of the respondent, the allegation of the petitioner, that she was not issued any notice, is not denied. The counter states that some unauthorized constructions were made in the parking area of Door No.11-4-651, Lakdikapool, Hyderabad. Even as per the provisions of the Hyderabad Municipal Corporation Act, 1955 {“the Act” for brevity}, there is a procedure for removal of unauthorized structures. Firstly, a notice has to be issued under Section 452 of the Act. Secondly, a summary enquiry has to be made and lastly, appropriate final orders to be passed. In the absence of the above procedure and in view of the allegation of the petitioner that she was not issued any notice, I deem it appropriate to dispose of the Writ Petition with a direction to the respondent not to take any steps for demolition, except following due process of law. Subject to the above direction, the Writ Petition is disposed of. It is also made clear that, if any unauthorized constructions were noticed, it shall be open for the respondent to take steps for demolition, in accordance with law. There shall be no order as to costs. ___________________ (R.SUBHASH REDDY, J) 18th December 2009 RRB