IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 2077 of 2003 Between: Smt. Y.S. Nirmala Reddy, W/o. M. Rajashekhar Reddy, R/o. H. No. 12..13..645/A, Bhagyashree Apartments, Nagarjuna Nagar, Tarnaka, Secunderabad. ..... PETITIONER AND 1 The Additional Commissioner, M.C.H., Secunderabad Division, Secunderabad. 2 The Commissioner, Municipal Corproation of Hyderabad. Hyderabad. 3 The Bhagya Sree Apartments Owners Association, 12--13--645, Bhagyasree Apartments , Taranaka, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a Writ of Mandamus or any other appropriate Writ, order or direction; ( a ) By declaring the action of the Respondents in directly pasting notice under Sec.636 of the H.,M.C. Act without properly serving the same as per law and in trying to demolish the petitioner's property bearing No; 12-13-645/A/1, to 4, admeasuring around 196 ft. each, without issuing prior show cause notice under section 452 of the H.M.C. Act, as illegal and unconstitutional. ( b ) To direct the Respondents not to demolish the Petitioner;s shops bearing No. 12-13-645/A/1, to 4, admeasuring around 196 sft., each , in premises No.12-13-645/A, Bhagyashree Apartments at Road No. 20, Nagarjuna Nagar, tarnaka, Secunderabad, without issuing prior show cause notice and without giving opportunity of explanantion to the petitioner. ( c ) and to pass Counsel for the Petitioner:MR.WASIM AHMED KHAN Counsel for the Respondent No.: SMT.KALPANA EKBOTE The Court made the following : THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO: 2077 of 2003 ORAL ORDER: There is no representation on behalf of the petitioner. Heard learned standing counsel for the respondent – corporation. In this writ petition the petitioner has questioned the action of the respondents in taking steps for demolishing the structures in the premises No.12-13-645/A/1 to 4, Bhagyashree apartments, Road No.20, Nagarjuna Nagar, Tarnaka, Secunderabad, as illegal and arbitrary. ` The said relief is claimed only on the ground that the respondents have issued notice dated 1.12.2003 under section 636 of Hyderabad Municipal Corporation Act, 1955 for removal of three shops constructed in the ground floor of the building without giving any opportunity and the said notice is also not preceded by any show cause notice. At the stage of admission, this Court by order dated 3.2.2003 directed the parties to maintain status quo and the said order continued all along. Though the writ petition is of the year 2003, no counter affidavit is filed. It is admitted by the learned standing counsel appearing for the respondents that the impugned notice issued under Section 636 of the Hyderabad Municipal corporation Act, 1955 was not preceded by any show cause notice. However, it is submitted that as much as the application filed by the petitioner for building regularization under G.O.Ms.No.419 M.A. dated 30.7.1998 is rejected, there is no need to issue any prior notice. The contention of the learned standing counsel cannot be accepted. The scheme under G.O.Ms.No.419 M.A. dated 30.7.1998 is an independent scheme for regularization and merely because the application under the said scheme is rejected, that by itself is not a ground for violation the provisions of the Hyderabad Municipal Corporation Act, 1955 before taking any steps for demolition. On this short ground the impugned notice dated 1.12.2003 issued under section 636 of the Hyderabad Municipal Corporation Act, 1955 is set aside. However, it is made clear that if any constructions are made in deviation to the sanctioned plan or any unauthorized constructions are made, it is open to the respondents to take steps for removal of the same in accordance with law by issuing necessary prior notice as contemplated under the provisions of the Hyderabad Municipal Corporation Act, 1955. Subject to the above directions, the writ petition is disposed. No costs. ____________ 24-6-2009 asp