THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.30450 OF 2011 ORDER: This writ petition is filed seeking to issue Writ of Mandamus declaring the action of the respondents 1 and 2 in demolishing petitioner’s Flat at Ground Floor, bearing D.NO.12-2-10, situated in Center Point Apartment, Dantuvari street, Kakinada, East Godavari District without following due process of law and issuing any notice and considering the review applications, representations and appeal pending before them is illegal and contrary to law. 2. It is stated in the affidavit filed in support of the writ petition that M/s Ramana Constructions Company, constructed apartment in an area of 776 sq. yards, total 17 flats. There is some deviations in the construction and the Company applied for regularization of the said deviations under Building Regulation Scheme, and the same was accepted by the 1st respondent vide its proceedings, dated 07-08-2000 by excluding the petitioner’s flat with an area about 520 sq. ft with 56 square yards. After excluding his flat, the petitioner filed an application for review of the same before 1st respondent on 13-12-2000, but there is no response and there is no threat of demolition. The 1st respondent informed the petitioner that they will consider the application and pass appropriate orders. The petitioner approached the 1st respondent for assessment of his flat for fixing property tax and the same was assessed and demand notices for payment of property tax were issued and he has paying the tax from time to time. Recently 2nd respondent came to his flat and tried to demolish the same stating that Higher Authorities instructed them to demolish under the head of unauthorized construction. Though the petitioner requested some time, the 2nd respondent forcibly obtained his signature to vacate the flat within one week. The petitioner filed review petition before 1st respondent enclosing all the documents. While the things stood thus, yesterday i.e., on 15-11- 2011 the 2nd respondent came with the demolishing squad and damaged a part of his flat and further threatened that they will demolish his entire flat if he is not demolished the flat. He is filing detailed appeal against the orders of 1st respondent. The respondents without considering the representation, review petitions or appeal and without issuing any prior notice, proceeding with demolishing of flat. Hence, the writ petition. 3. Learned counsel appearing for the petitioner contended that without issuing any notice, the respondents are trying to demolish the petitioner’s ground floor and hence, he prays to issue a direction to the respondents. 4. On the other hand, learned standing counsel appearing for the respondents contended that after following due procedure, necessary action will be taken. 5. There cannot be any dispute that the petitioner is supposed to construct flat in accordance with the sanctioned plan. If there is any deviation, the Municipality can take appropriate action after giving reasonable opportunity to the petitioner. Admittedly, no notice was given to the petitioner for demolition of the flat. 6. Therefore, the Writ Petition is disposed of directing the respondents to issue notice to the petitioner calling for explanation if the construction is made contrary to the sanctioned plan and take appropriate decision thereon. No order as to costs. --------------------- K.C.BHANU, J DATED: 16-11-2011 Hsd