THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.21972 OF 2010 ORDER: 1. This Writ Petition is filed for a Writ of Mandamus declaring the action of the respondents in proposing to demolish the building bearing door No.10-8-56, Main Road, Gajuwaka, Greater Visakhapatnam, as arbitrary and illegal and consequently to direct the respondents not to demolish any portion of the property in question. 2. The facts in brief, which are necessary for disposal of this Writ Petition, are as under. The petitioner is the owner and possessor of the land of an extent of Ac.1.00 situated at Gajuwaka, Visakhapatnam. He, being the owner of the said property, decided to develop the same by constructing a commercial complex and accordingly, applied to Gajuwaka Municipality for permission. The Municipality vide its proceedings, dated 30.09.1992, in Roc.No.9/BA No.254/92/G/92, accorded necessary permission. In accordance with the said sanction plan, the petitioner proceeded with construction and completed the same. The said properties were assessed to tax. Ever since the completion of the construction, the petitioner is in peaceful physical possession and continuous enjoyment of the said property. While so, in the year 2003, when the Municipal Officials of Gajuwaka Municipality proposed to demolish the constructions and partially demolished his construction without recourse to law, he filed W.P.No.19549 of 2003. This Court granted interim direction not to demolish the subject matter property. The said Writ Petition was disposed of on 26.02.2009 restraining the respondents from interfering with the petitioner’s properties without following due process of law. Notwithstanding the said order of this Court, the first respondent herein issued notice dated 27.08.2010 directing the petitioner to show cause as to why action should not be initiated to remove the unauthorized constructions and to restore the entire cellar floor for parking purposes within four days from the date of receipt of the said notice failing which action would be initiated as per the provisions of the Hyderbad Municipal Corporation Act, 1955 and unauthorized constructions would be removed departmentally without any further notice. Immediately, the petitioner made a representation to the first respondent informing that the building was constructed on the northern side of the site having passage width of about 20 feet on eastern side, that the passage is leading from northern side to southern side vacant place, that the southern side vacant site is approximately about 1200 square meters and that the petitioner is voluntarily offering part of the said site to be used for parking purposes of his building GBR Complex and that required steps would be taken by the petitioner to park the vehicles coming to their building in the proposed parking place and any construction proposed to be made would only be subject to prior permission of the Corporation and requests the first respondent to accept the proposal and not to disturb the existing structure constructed in the year 1992. In spite of the same, the respondents are bend upon demolishing the structure. 3. Heard the learned Standing Counsel appearing for the respondents. 4. While admitting the Writ Petition on 03.09.2010, this Court granted interim direction to the respondents not to demolish any portion of the property in question without considering the petitioner’s explanation dated 28.08.2010 and without passing final order thereupon. Therefore, appropriate decision has to be taken in accordance with law in pursuance of the notice dated 27.08.2010 and reply dated 28.08.2010 submitted by the petitioner. 5. Therefore, the Writ Petition is disposed of directing the respondents to take appropriate decision on the said notice dated 27.08.2010 together with reply dated 28.08.2010 submitted by the petitioner, if not already taken a decision. There shall be no order as to costs. _____________ (K.C.BHANU, J) 10th November 2011 RRB