IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD SATURDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.29591 OF 2011 Between : Syed Kadeer Basha ... PETITIONER A N D Municipal Corporation of Kakinada and another … RESPONDENT THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION NO.29591 OF 2011 ORDER: This Writ Petition is ﬁled seeking to declare the action of the respondents and their oﬃcials in trying to demolish petitioner’s compound wall around petitioner’s land in Ward No.2, Revenue Ward No.11, Block No.17, T.S.No.1966/2, situated in Kakinada Municipal Area, as illegal and arbitrary and consequently to direct the respondents not to proceed with demolition of petitioner’s compound wall. 2. It is the case of the petitioner that he purchased the aforesaid land under a registered sale deed and started constructing a compound wall and the work is almost completed. But, without any notice or providing opportunity, the oﬃcials of the respondent Corporation are trying to demolish the compound wall. 3. Learned counsel for the petitioner contended that without there being any notice, the respondents are trying to demolish the petitioner’s compound wall and hence, he prays to issue a Mandamus. 4. On the other hand, learned Standing Counsel appearing for the respondents-Corporation contended that if the permission is not obtained from the concerned Municipality, the compound wall of the petitioner is liable for removal; that the Municipality will take action after issuing notice and hence, he prays to dismiss the Writ Petition. 5. It is not in dispute before this Court that even for construction of the compound wall, permission/sanction is necessary from the concerned Municipality. Whether the petitioner’s compound wall was constructed within the site belonging to him or not; whether he encroached upon the site of Municipality or whether the petitioner obtained necessary permission to construct the compound wall or not, are matters to be decided by the respondents. 6. Accordingly, the Writ Petition is disposed of directing the respondents to issue notice under Section 452 of Hyderabad Municipal Corporation Act to the petitioner giving violations, if any, and call for explanation from the petitioner and thereafter, take appropriate decision in accordance with law. There shall be no order as to costs. ______________ K.C.BHANU, J NOVEMBER 05, 2011. YVL