THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO. 33527 OF 2011 ORDER : 1. This Writ Petition is filed seeking to issue a writ of mandamus declaring order No.3743/CX/GHMC/2011, dated 17.12.2011 issued by the first respondent directing to vacate flat No.5A, Lacasa Apartment, Road No.11, Banjara Hills, Hyderabad within 24 hours as illegal and arbitrary and consequently set aside the same. 2. The case of the petitioner, in brief, may be stated as follows: Petitioner purchased flat bearing No.5A in Lacasa Apartments, Road No.11, Banjara Hills, Hyderabad under a registered document dated 23.3.2007, and the said apartment was constructed in accordance with the plan granted vide permit No.345/67 in file No.137/TP5/91, dated 29.10.19891. The petitioner is running Jaro Education Training and Placement Institute and imparting education through online with the help of four other teachers. He is not conducting any commercial activity in the said premises and that education is not a commodity but it is a profession. But, the first respondent issued the impugned show-cause notice dated 05.12.2011 as to why the building should not be closed. The petitioner submitted his explanation on 12.12.2011. The petitioner is not running any commercial activity as mentioned in the impugned order. Hence, the Writ Petition. 3. Heard the learned counsel for the petitioner and the learned standing counsel appearing for the respondent no.1 4. Learned counsel for the petitioner contended that the petitioner is not doing any commercial activity in the premises in question and that Section 461A of the Greater Hyderabad Municipal Corporation Act, 1955 (for short, ‘the Act’) has no application to the facts of the present case, and hence, he prays to set aside the impugned order. 5. On the other hand, the learned standing counsel appearing for the respondent no.1 contended that permission to the premises in question was granted for residential purpose, but the petitioner is using the same for the purpose other than residential purpose and hence, the impugned order is rightly issued on a complaint received, and there are no grounds to interfere with the same. 6. Section 461A of the Act reads thus: “Powers to seal unauthorised construction/development of premises: (1) It shall be lawful for the Commissioner, at any time, before or after making an order for the removal or discontinuance of any unauthorized development or construction under Section 461, to make an order directing the sealing of such development or property or taking the assistance of police, for the purpose of carrying out the provisions of the Act. (2) Where any development or property has been sealed, the Commissioner, may, for the purpose of removing or discontinuing such development or property, order such seal to be removed. …” As rightly pointed out by the learned counsel for the petitioner, Section 461A of the Act has no application to the facts of the present case because it is not a case of erection or re-erection of the building without there being any sanctioned plan. Admittedly, there is a sanctioned plan for the building in question. But, quoting a wrong provision of law cannot be a ground to set aside the impugned notice. The cause of action for issuance of the impugned notice is traceable to Sections 441 and 596 of the Act because the applicant is using the premises for the purpose other than the purpose for which it was granted. Therefore, the impugned notice can be treated as a notice under Section 441 and 596 of the Act. 7. Therefore, the impugned order No. 3743/CX/GHMC/2011, dated 17.12.2011 issued by the first respondent be treated as a notice under Sections 441 and 596 of the Greater Hyderabad Municipal Corporation Act, 1955, for which the petitioner shall submit explanation within a period of ten days from today. Thereafter, the respondents shall take appropriate decision in the matter in accordance with law on the explanation submitted by the petitioner. Till then, the building in question i.e. Flat No.5A, Lacasa Apartments, Road No.11, Banjara Hills, Hyderabad shall not be sealed. 8. With the above direction, the Writ Petition is disposed of. No costs. ________________ (K.C.BHANU, J.) 19.12.2011 DRK THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO. 33527 OF 2011 Date: 19.12.2011