THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.27657 OF 2010 O R D E R: This writ petition is filed seeking to issue Writ of Mandamus declaring the action of respondent No.1 in seeking to demolish the godowns and rooms constructed by the petitioners in an extent of Ac.4.08 1/2 cents of land in Sy.Nos.650, 650-1 Part, 650-2 Part and 651/Part, Ward No.24, Anil Gardens, Magunta Layout, Nellore Bit-I, Nellore Corporation, Nellore without following due process of law even though the said godowns and rooms were constructed after applying to respondent No.1 as illegal and arbitrary and consequently, direct to respondent No.1 not to demolish the above said structures without following due process of law. 2. It is stated in the affidavit filed in support of the writ petition that the petitioners purchased the aforementioned land under two registered sale deeds. On 14.06.2010, they made an application to respondent No.1 Corporation for grant of permission to construct godowns and some rooms in the said land. Respondent No.1 Corporation failed to intimate in writing its disapproval for construction of the said godowns and rooms. After the statutory period provided under Section 437 of Hyderabad Municipal Corporation Act, 1955 (for short, ‘the Act’), construction of the godowns and rooms was commenced in the third week of July, 2010 and the same was completed by the second week of September, 2010 by spending huge sum of Rs.1.00 crore. While so, on 06.11.2010, the officers of respondent No.1 visited the godowns and rooms and stated that they have instructions from the Commissioner of respondent No.1 Corporation to demolish the godowns and the rooms, as the same have been constructed without obtaining prior permission from respondent No.1 Corporation. Hence, the present writ petition. 3. Learned counsel for the petitioners contended that in pursuance of the notice under Section 452 of the Act, an opportunity may be given to the petitioners to file their explanation and thereafter, respondent No.1 Corporation may take the possession in accordance with law. 4. On the other hand, learned Standing Counsel appearing for respondent No.1 Corporation contended that a notice under Section 452 of the Act is issued but no explanation was given by the petitioners and after receipt of explanation from the petitioners, appropriate decision would be taken. 5. Learned Counsel appearing for respondent No.2 contended that the Corporation has to take appropriate decision with regard to the illegal constructions made by the petitioners. 6. For making constructions of the godowns and rooms in the land of the petitioners, the petitioners have not obtained any prior permission from respondent No.1 Corporation. It is contended that the petitioners applied for permission and the permission was not granted and by virtue of Section 437 of the Act, the petitioners made constructions. Now, the Corporation has given a notice under Section 452 of the Act for which, a reasonable opportunity can be given to the petitioners to give their explanation. In view of the fact that the petitioners filed a writ petition and they cannot not file the explanation, reasonable time can be given to the petitioners so as to enable them to submit their explanation. So, ten (10) days time from the date of receipt of a copy of this order is granted to the petitioners to submit their explanation to respondent No.1 and thereafter, respondent No.1 shall take appropriate decision on the notice, dated 17.05.2010, issued under Section 452 of the Act by considering the explanation of the petitioners in accordance with law within a period of four (4) weeks. It is made clear that till a decision is taken, respondent No.1 Corporation shall not demolish the constructions made by the petitioners. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 15th December, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.27657 OF 2010 Date:15.12.2011 AMD