THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.33141 OF 2011 ORDER: 1 This Writ Petition is filed seeking to declare the action of the respondent in issuing proceedings bearing Notice B.A No.10/2011-G2, dated 02.11.2011, under Sections 461 and 636 of the Greater Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’) as arbitrary and illegal and consequently, direct the respondent not to demolish the existing constructions made by the petitioners in Sy.No.463 near Door No.18-1-304, situated at Ward No.18, Bhavani Nagar, Tirupati, Chittoor District. 2. The petitioners submitted an application to the respondent seeking permission to construct a building i.e. stilt + 3 floors in Sy.No.463, Near D.No.18-1-304, Ward No.18, Bhavani Nagar, K.T. Road, Tirupathi along with the required plan. The said plan was approved, vide proceedings of the respondent in B.A.No.10/2010-G2, dated 15.4.2010. While the matter stood thus, the respondent has issued the impugned proceedings under Section 461 and 636 of the Act, directing the petitioners to remove the unauthorized constructions pointed out in the said notice within 3 days from the date of receipt of the said notice. It is further submitted that earlier to the impugned order, a Notice dated 22.9.2011 was issued, calling upon the petitioners to submit an explanation in respect of the unauthorized constructions as per Sections 452 (2) and 461 of the Act. Immediately, the petitioners approached the authorities of the respondent and explained orally about the incorrect measurements recorded in respect of the deviations pointed out in the said notice. At any rate, without considering the same, the present impugned notice dated 02.11.2011 was issued. The petitioners submitted an explanation on 14.11.2011 to the respondent explaining the circumstances under which some constructions were made contrary to the sanctioned plan. But, till date no action has been taken. Hence, the Writ Petition. 3. Learned Counsel for the petitioners contended that in pursuance of the impugned notice dated 02.11.2011, the petitioners gave explanation on 14.11.2011, but no action has been taken till now; that the petitioners are also taking steps to make an application under Building Regularization Scheme; and hence, he prays to issue a direction to the respondent not to demolish the building in question. 4. On the other hand, learned standing counsel for the respondent contended that the petitioners constructed cellar, second, third and fourth floors without obtaining any sanction from the Municipality; that there are certain deviations from the sanctioned plan in making the constructions and that therefore, appropriate decision has to be taken in pursuance of the impugned notice along with the explanation submitted by the petitioners and hence, he prays to dismiss the Writ Petition. 5. The allegation is that the petitioners have not obtained any permission for construction of cellar, second, third and fourth floors on the subject land. Since there are some deviations from the sanctioned plan, the impugned notice was issued. In pursuance of the said notice, the petitioners seem to have given an explanation on 14.11.2011, within the time prescribed. Therefore, appropriate decision has to be taken by the respondent – Municipality in accordance with law duly considering the explanation submitted by the petitioners. 6. Accordingly, the Writ Petition is disposed of directing the respondent to take appropriate decision on the impugned notice duly considering the explanation of the petitioners dated 14.11.2011, within a period of three weeks from the date of receipt of a copy of this order. Till a decision is taken and an order is passed, the structures constructed by the petitioners in Sy.No.463, near D.No.18-1-304, situated at Ward No.18, Bhavani Nagar, K.T. Road, Tirupathi, Chittoor District shall not be demolished. There shall be no order as to costs. ___________ K.C. BHANU, J 16.12.2011 Kvsn