IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF NOVEMBER, TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE MR. JUSTICE K.C.BHANU WRIT PETITION No.29978 of 2011 Between: Smt. Jameela Fatima & another. … Petitioners And The Commissioner, GHMC, Hyderabad & others. … Respondents Counsel for the petitioners: Sri M.A.K. Mukheed Counsel for the respondents: Dr. Y. Padmavathi This Court made the following: THE HON’BLE MR. JUSTICE K.C. BHANU WRIT PETITION No.29978 of 2011 ORDER: This Writ Petition is filed for a Mandamus to declare the action of the respondents in interfering and threatening the petitioners to demolish their property premises bearing No.6-3-633/1, admeasuring 320 square yards situated at Khairtabad, Hyderabad, as illegal and arbitrary. The grievance of the petitioners is that they are the absolute owners and possessors of the abovementioned property having acquired the same by virtue of a gift through registered document Nos.1375 of 2009 and 1397 of 2009, that as the said house is in dilapidated condition, with an intention to construct a new house, the petitioners approached the municipal corporation and applied for permission to construct stilt plus two floors, that the respondents accorded permission vide permit No.16184, dated 08.10.2010, that while the construction is almost at the completion stage, the officials of the respondent corporation are visiting the site every alternative day and threatening the petitioners that they would demolish the building in spite of the petitioners showing the sanction plan. Feeling aggrieved by the action of the respondents, the petitioners filed the present Writ Petition. Learned counsel for the petitioners contended that the respondents are trying to demolish the building though it is constructed in accordance with the sanction plan. The learned Standing counsel appearing for the respondents, on instructions, stated that on a complaint given by the neighbour, the corporation took measurements of the building and found that there are all round deviations with regard to set backs as against the sanction plan and that after issuing a notice, appropriate decision will be taken by the respondents. It is not in dispute that the petitioners are the owners of the property in question and they have obtained permission from the respondent corporation for construction of ground plus two floors. In view of the fact that the petitioners are alleged to have made constructions without leaving the set backs on all four sides, the respondents are at liberty to take action against the petitioners in accordance with law, after giving an opportunity of making explanation by the petitioners to the notice. The Writ Petition is accordingly disposed of. _______________ K.C.BHANU, J Date: 28.11.2011 ES