IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 19562 of 2008 Between: M/s Thrumala Enterprises, reptd. by its sole proprietor Sri. Thadi Surya Bhasakara Reddy, S/o. late Satyanarayana Reddy, 39 years, Hindu, R/o. D.No.32.1.181, Bowdara Road, Visakhapatnam District. ..... PETITIONER AND The Greater Visakhapatnam Municipal Corporation Reptd. by its Commissioner. Visakhapatnam. .....RESPONDENT 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 any Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents-corporation in attempting to demolish the petitioner's Petrol/Diesel bunk premises bearing D.No.32-1-181, situated at Bowdara Road, Visakhapatnam on 06-09-2008 at 11 a.m. without issuing any show cause notice Under Section 452 of the H.M..C Act and without following any due process of law in violation of principles of natural justice and threatening to do so at any time as illegal, arbitrary, capricious and violative of Article 21 & 300-A of constitution of India and consequently to direct the respondents not to demolish the said premises without following due process of law or to pass Counsel for the Petitioner: SMT.N.(P).ANJANA DEVI, SATYANARAYANA Counsel for Respondent: MR.N.RANGA REDDY (SC FOR MPL. CORP. VSP) The Court made the following : ORDER: This writ petition has been ﬁled by M/s. Thrumala Enterprises, represented by its sole Proprietor Sri Thadi Surya Bhaskara Reddy, assailing the action of the respondent in trying to demolish the petrol/Diesel Bunk premises bearing D.No.32-1-181, situated at Bowdara Road, Visakhapatnam, without following due process of law. The writ petitioner is a proprietary concern. It secured permission for establishing a retail outlet of MS/HSD i.e., Petrol and Diesel at Bowdara road near Manhoramma theatre, Visakhapatnam in the year 2004. It obtained necessary permissions and certiﬁcates for establishing and running the Petrol/Diesel Bunk. The petitioner claims that the Petrol Bunk has been constructed as per the plan approved by the respondent-Corporation in the year 2005. When the oﬃcials of the respondent-Corporation tried to demolish the Petrol Bunk, the petitioner ﬁled O.S.No.638 of 2005 for permanent injunction and obtained status quo orders on 09.03.2005 in I.A.No.225 of 2005 on the ﬁle of III Additional Junior Civil Judge, Visakhapatnam. Subsequently, the suit was ended in dismissal for default on 14.06.2007. It is the contention of the petitioner that the suit was not prosecuted since the threat of demolition came to be ceased. This writ petition is ﬁled by the petitioner complaining that the respondent-Corporation is once again activating to demolish the Petrol Bunk, and indeed, the Corporation made an eﬀort on 6.09.2008, which necessitated the petitioner to approach this Court invoking the jurisdiction under Article 226 of the Constitution of India. When the writ petition came up for admission, Sri N. Ranga Reddy, learned Standing Counsel of Greater Visakhapatnam Municipal Corporation received notice on behalf of the respondent. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondent. Learned counsel appearing for the petitioner submits that the petitioner possessed the trade licence and constructed the Petrol Bunk after securing approval of the plans by the respondent-Corporation. The existence of Petrol Bunk is not contradicted by the learned Standing Counsel appearing for the respondent-Corporation. In that view of he matter, the writ petition is disposed of at the admission stage directing the respondent to follow due process of law in the event of the Petrol Bunk of the petitioner is required to be demolished. _________________________ (B. Seshasayana Reddy, J.) 9th September, 2008 Note: Operative portion by wire at party’s cost. (B/o) Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Greater Visakhapatnam Municipal Corporation Reptd. by its Commissioner. Visakhapatnam. 2 2 CD copies.