THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.10738 OF 2011 Dated: 19.04.2011 Between: 1. Abdul Majeed Khan and another … Petitioners And 1. State of A.P., rep. by its Secretary, Ministry of Municipal Administration, Secretariat Buildings, Hyderabad., And another. … Respondents THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.10738 OF 2011 ORDER : The petitioners claim to be the absolute owners and possessors of the property premises bearing Municipal No. 12- 2-800/188/A, situated in Plot No.188/A, Sy.Nos.313, 329/2 & 334 comprising of 194.44 sq. yards at Dilshad Nagar Colony, Gudimalkapur, Retibowli, Hyderabad. The present writ petition is filed aggrieved by the alleged action of the 2nd respondent – Municipal Corporation of Hyderabad – in threatening to demolish the said premises. It is pleaded that though no notice has been issued at any point of time either under Section 452 or Section 636 of the Greater Hyderabad Municipal Corporation Act, the Officials of the Corporation have been attempting to demolish the structures high-handedly. Hence the present writ petition to declare the said action of the 2nd respondent as arbitrary and illegal. Sri R. Radhakrishna Reddy, the learned Standing Counsel for the Corporation, on instructions, stated that the petitioners had raised a compound wall very recently encroaching upon the public road and that since the said construction has been completely blocking the road causing lot of inconvenience to the public, the Corporation proposed to remove the said compound wall which was constructed illegally and unauthorizedly so as to clear the road. It is also represented by the learned Standing Counsel that the plea of the petitioners that they are the owners of the premises in question is absolutely false and without any basis. Be that as it may, the fact that no notice was issued by the Corporation before proceeding to remove the compound wall has not been disputed by the learned Standing Counsel. Having regard to the said admitted fact, the impugned action of the Corporation being in violation of the principles of natural justice cannot be sustained. Accordingly, the 2nd respondent Corporation is hereby directed to issue a notice to the petitioners informing the alleged irregularities and giving them an opportunity to make their representation against the proposed action. After considering the representation, if any, made by the petitioners, the respondents shall pass appropriate orders in accordance with law. Till such time, the structures in question should not be demolished. It is also made clear that the petitioners shall not proceed with any constructions in the plot in question. Writ Petition is accordingly disposed of. No costs. _____________ G. ROHINI, J. Dt. 19.04.2011 Note:- CC by tomorrow. (B/O) gbs