THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO :16142 OF 2005 DATED 27-01-2010 Between: B.Parameshwar. … PETITIONER And The Section Officer, Circle No.3, Municipal Corporation of Hyderabad, Abids, Hyderabad & 2 others. ... RESPONDENTS ORDER: This Writ Petition is filed seeking a mandamus declaring the action of the respondents in demolishing the staircase and the 2nd floor premises bearing No.1-3-700 and 701 situated at Kavadiguda, Hyderabad, as illegal and arbitrary and consequently direct the respondents not to demolish the premises bearing No.1-3-700 and 701 situated at Kavadiguda, Hyderabad. 2. According to the petitioner, he is the owner and possessor of the premises bearing No.1-3-700 and 701 situated at Kavadiguda, Hyderabad, having got the same under the family partition deed registered on 09-02-1965 and since then he has been in possession and enjoyment of the said house. In the year, 1990 he got the old house demolished and applied for permission to the Municipal Corporation of Hyderabad for raising new structures. The 2nd respondent accorded permission on 11-11- 1990. After obtaining the said permission, the petitioner commenced construction by obtaining loan from the Life Insurance Corporation of India and completed the same and residing in the said premises along with his family members and paying the taxes to the Corporation regularly. Further, he took voluntary retirement as Mechanic in IDPL in the year, 2003 and got some terminal benefits from the company and therefore he approached the 2nd respondent along with the plan for construction of second floor by complying with the other formalities. The 1st respondent, who was in-charge to receive the application and process it, on seeing the proposed plan informed the petitioner that as per G.O.Ms.No.4 MA & UD, dated 31-07-1988 no prior sanction of the building permission is necessary for construction of individual residential plot or plots up to 100 sq.mts and the height restricted was to 10 meters i.e., ground + 2 upper floors and thus returned the application. Therefore, the petitioner proceeded with the construction and completed the same. While the matter stood thus, the 1st respondent along with its staff visited the house on 21-07-2005 at 5.30 p.m., and demolished the compound wall in the absence of the petitioner. Since the family members of the petitioner resisted the demolition, the 1st respondent left the site by giving a warning that he will come and demolish the 2nd floor on 22-07-2005 at 11.00 a.m. Hence, the present Writ Petition. 3. There is no necessity of going into all the details. Learned counsel for the petitioner submitted that before attempting to demolish the premises of the petitioner, no notice of any kind was issued to the petitioner. This fact is not denied by the respondents. Under those circumstances, the Writ Petition is disposed of directing the respondents not to interfere with the peaceful possession and enjoyment of the petitioner over the premises bearing No.1-3-700 and 701 situated at Kavadiguda, Hyderabad, without following due process of law. There shall be no order as to costs. ________________ C.V.RAMULU,J 27th January, 2010. Tsy