THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.29390 OF 2011 ORDER: This writ petition is filed seeking to issue Writ of Mandamus declaring the action of the respondents in demolition of structures raised over the house bearing No.120-1/114a and 114b admeasuring 421 square yards situated ion Survey Nos. 722/1, 722/2, 722/3, 723,727 and 728 of Prem Vijayanagar Colony, Malkajgiri, R.R. District without issuance of any notice as contemplated under GHMC Act, as illegal void and consequently direct the respondents and its officials not to demolish the same. 2. It is stated in the affidavit filed in support of the writ petition that the petitioner purchased the property through two registered sale deeds. Initially the petitioner purchased 178 square yards on 18-10-2000 from A. Ranga Reddy and two others through registered sale deed vide Doc.No.5521/2000 and later purchased 248 square yards on 04-01-2008 from L.Ushadevi vide Doc.No.53/2008. Both properties are adjacent to each other. The petitioner made an application to the respondents for construction of residential building and the respondents granted permission on 24-08-2009 for construction of Stilt plus three upper floors and the petitioner has to complete the construction by 23-08- 2012. The petitioner duly informed the respondents about the commencement of construction and that he completed the construction as per the approved sanctioned plan. While so, on 29-10-2011 officials of the 2nd respondent visited the property and interfered with the construction activity of the petitioner. No notice was served on the petitioner till today as contemplated under law. Hence, the writ petition. 3. Learned counsel appearing for the petitioner contended that without there being any opportunity to the petitioner, the respondents are interfering with the construction of the building by the petitioner and hence, he prays to give a direction to the respondents not to interfere with the construction. 4. On the other hand, learned standing counsel appearing for the respondents on instructions stated that sanction is granted for Stilt plus second and third floors, but the petitioner is making constructions on the fourth floor, which is in violation of sanctioned plan and hence, he prays to dismiss the writ petition. 5. There cannot be any dispute that the owner of the property has to construct building in accordance with the sanctioned plan. For any deviation of the sanctioned plan, the Municipal Corporation is entitled to take action in accordance with law, but at the same time, they have to follow due procedure as prescribed under law before demolishing the structure, which is in violation of sanctioned plan. 6. Therefore, the Writ Petition is disposed of directing the respondents to follow due procedure as contemplated under law before demolishing the structure of the petitioner. No order as to costs. --------------------- K.C.BHANU, J DATED: 02-11-2011 Hsd