IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 15569 of 2000 Between: Pokala Sunitha Devi, W/o.Govind Kishore, Gandhipuram, Rajahmundry, East Godavari District. ..... PETITIONER AND Rajahmundry Municipality Rep.by its Commissioner .....RESPONDENT 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, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent authority in taking steps to demolish the property bearing door No.31-10-16 of the petitioners situated in 14th ward of Ghantalamma temple street, Rajahmundry, as illegal arbitrary and violative of Fundamental Rights guaranteed under the Constitution of India, particularly Art.300-A and consequently direct the respondents to stop further proceedings to demolish the said building of the petitioner Counsel for the Petitioner:None appears Counsel for the Respondent : None appears The Court made the following : ORDER: None appears on either side. The petitioner seeks to issue a writ of mandamus declaring the action of the respondent authority in taking steps to demolish his property bearing Door No.31-10-16 situated in 14th Ward of Ghantalamma temple street, Rajahmundry, as illegal and arbitrary. It is stated that the petitioner is the owner of the property bearing Door No.31-10-16 situated in 14th Ward of Ghantalamma temple street, Rajahmundry and the portion of the said building is sought to be taken away for the purpose of widening of the road. A counter has been filed by the respondent stating that the petitioner obtained permission for construction of a residential building with ground and two upper floors vide B.A.No.76/99-G2 dated 27.03.1999 and the petitioner has constructed the building with several deviations from the approved plan. The respondent issued notices under Sections 452, 461 and 636 of Hyderabad Municipal Corporation Act, 1955 pointing out the deviations vide U.C.No.12/99, 34/99 and 41/99, dated 25.03.1999, 12.10.1999 and 19.10.1999 respectively. But, the petitioner did not comply with the said notices. It is further stated that the allegation of the petitioner that the respondent is going to widen the road in front of his building for which some portion of the building is required to be demolished is false. It is stated that the respondent-Corporation never planned or proposed for widening of the road in front of the building of the petitioner. The respondent Corporation initiated proceedings and issued notices to the petitioner with regard to the illegal constructions made with deviations from sanctioned plan, but not for road widening and the respondent- Corporation did not violate the procedure prescribed. The petitioner constructed the building with several deviations from the approved plan and the respondent issued notices for the constructions made contrary to the sanctioned plan. As the petitioner has not questioned the said notices, the petitioner is not entitled for any relief claimed in the present writ petition. Having regard to the facts of the case, the writ petition is devoid of merits and is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:27.03.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{GSNM}