IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No. 10340 of 2007 Between: Patru Patel, s/o Mastan patel, at 10-11-186/1/B, Coop.Industrial Estate, Balanagar, Ranga Reddy District, r/o 11-58/7, Valmiki Nagar, Fateh Nagar, Hyderabad. ..... PETITIONER AND The Kukatpally Municipality represented by its Commissioner, Kukatpally, Ranga reddy District. .....RESPONDENT 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 any writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent in threatening to demolish the petitioner's premises bearing Municipal No.10-11-186/1/B, admeasuring 800 sq. yards situated at Cooperative Industrial Estate, Balanagar, Ranga Reddy District without issuing any notice or following due process of law as illegal, arbitrary, unconstitutional and consequently direct the respondent not to demolish by interfering the due process of law andpass suchother order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: SRI D.SESHASAYANA REDDY Counsel for the Respondent: SRI POLISETTY RADHA KRISHNA(SC FOR MPL(TA)) The Court made the following : THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.10340 of 2007 ORDER: Today, when the matter is called, there is no representation on behalf of the petitioner. H e a r d Smt.Kalpana Ekbote, learned Standing Counsel appearing for the respondent. This writ petition is filed to declare the action of the respondent in threatening to demolish the petitioner’s premises covered by Municipal No.10-11-186/1/B admeasuring 800 sq. yards situated at Co-operative Industrial Estate, Balanagar, Ranga Reddy District, without issuing any notice and without following due process of law, as illegal and arbitrary. Learned Standing Counsel appearing for the respondent, on instructions, submits that no steps, as contended by the petitioner, are taken to demolish the structures in an extent of 800 sq. yards covered by Municipal No.10-11-186/1/B situated at Co-operative Industrial Estate, Balanagar, Ranga Reddy District, and the petitioner approached this Court only on mere apprehension. She further submits that if the said structures are to be removed in any event, the respondent Municipality will follow the provisions of the Municipal Corporation Act and issue notice to the petitioner. In view of the aforesaid submissions of the learned Standing Counsel for the respondent, the respondent is directed not to demolish the structures bearing Municipal No.10-11-186/1/B in an extent of 800 sq. yards situated at Co-operative Industrial Estate, Balanagar, Ranga Reddy District, without following due process of law. With to the above directions, the writ petition is disposed of. __________________ R.SUBHASH REDDY,J 28.04.2009 v v