IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 18623 of 2007 Between: Smt.Bodda Chandanam, W/o.Suryanarayan, R/o.17-111, Vadlapudi Village, Gajuwaka Mandal, Visakhapatnam ..... PETITIONER AND 1 Greater Visakhapatnam Municipal Corporation, Rep.by its Commissioner,Visakhapatnam 2 Zonal Deputy Commissioner,Greater Visakhapatnam Municipal Corporation,Gajuwaka,Visakhapatnam .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ, direction or order, the one more particularly one in the nature of writ of Mandamus declaring the acts of the respondents in partly demolishing and in attempting to continue such demolition of the petitioner's building made under an approved plan covered by D.No.31-38/77/4 in Plot No.2202 in Sy.No.28/122 of Valdlapudi Village, Gajuwaka Mandal, Visakhapatnam Dist without issuing any notice under section 636 or U/s.461 of H.M.C. Act and without conducting any enquiry and without passing any order, as opposed to Law, arbitrary, unjust, malafide and against the principles of Natural justice and against Constitutional guarantee and to consequently direct the respondents not to demolish the structures of the petitioner's building without following due process of law and to pass such other further order or orders. Counsel for the Petitioner: MR.MEHERCHAND NOORI Counsel for the Respondent No.: MR.N.RANGA REDDY (SC FOR MPL. CORP. VSP) The Court made the following : ORDER: Petitioner is the owner of an extent of 106.66 sq. yards bearing Plot No.2202 comprising Survey No.28/122 situated at Vadlapudi village, Gajuwaka Mandal, Visakhapatnam District. 2. The writ affidavit, in brief, is as follows: The petitioner constructed the house in the plot owned by her after obtaining due permission from the Respondents-Corporation. Whileso, on 03.08.2007 the officials of the respondents-Corporation came to her premises along with demolition squad in a lorry and attempted to demolish the upper floor structures of her house. Hence, this writ petition. 3. When the writ petition came up for admission, learned Standing Counsel appearing for the respondents-Corporation, on instructions, submits that the respondents-Corporation will follow the due process of law in the event of the constructions made by the petitioner are required to be demolished. 4. Recording the said submission, the writ petition is disposed of at the admission stage directing the respondents-Corporation to follow the due process of law in the event of the constructions made by the petitioner are required to be demolished. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:01st July, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR}