THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.3400 of 2011 ORDER : With the consent of Sri Pavvuluri Sreenivasulu, the learned counsel for the petitioner and Sri V.Ch.Naidu, the learned counsel for the 1st Respondent and Smt.G.Jhansi, the learned standing counsel for the 2nd Respondent, this Writ Petition is disposed of at the stage of admission. The petitioner claims to be the owner of Plot No.12, admeasuring an extent of 222.2 square yards of land by virtue of a registered sale deed No.6386 of 2005, dated 25-06-2005. It is stated that he obtained permission of the 2nd Respondent vide Orders No.G4-BA No.01391/2009, dated 23-09-2009 for construction of a building. The petitioner has undertaken construction in accordance with the permission and the construction is almost complete. The petitioner complains that on 10-02-2011, the staff of the 2nd Respondent visited the site and attempted to demolish part of the building on the ground that the construction undertaken by him is not in accordance with the sanctioned plan. The petitioner asserts that the construction is strictly in accordance with the sanctioned plan and if for any reason it is doubted that there is some deviation, the same should be put to the petitioner. Alleging that the 2nd Respondent is bent upon carrying out demolition without notice, the petitioner has filed this Writ Petition to declare the action of the 2nd Respondent-staff in proposing to demolish the construction without following due process of law, as illegal and arbitrary. Indisputably, the petitioner is the owner of Plot No.12 in respect of which he has obtained permission dated 23-09-2009 for construction of a building. If the construction is not in accordance with the sanctioned plan, indisputably the 2nd Respondent has got power to intervene and ensure that the construction is in accordance with the construction permission. But before any action is taken, it is incumbent upon it to issue a notice and follow due process of law. In the circumstances, this Writ Petition is disposed of directing the 2nd Respondent not to demolish the construction undertaken by the petitioner except by following due process of law, in other words, the 2nd Respondent shall issue notice as per law and then alone shall take appropriate action in accordance with law. The Writ Petition is accordingly disposed of. There shall be no order as to costs. ________________ NOUSHAD ALI, J. 15th February, 2011. Note : Issue operative portion by wire at party’s costs. B/O skmr THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.3400 of 2011 Date : 15-02-2011 Between : Chintalapati Subramanya Shastry .. Petitioner and The Government of Andhra Pradesh, rep. by Principal Secretary, Municipal Administration & Urban Development, Secretariat, Hyderabad and another .. Respondents