THE HON'BLE MR. JUSTICE R.SUBHASH REDDY Writ Petition No.22558 of 2000 ORDER: In this Writ Petition the petitioner seeks mandamus to declare the action of the respondents in taking steps for demolition of the constructed area of the petitioner in the premises bearing No.8-3-191/52, AP HB No.48/A and premises MCH No.8-3-191/51, AP HB No.47/A, in an area of 778 square yards, Vengal Rao Nagar, Hyderabad, as illegal and arbitrary. 2. It is the case of the petitioner that there is interference by the respondents, even though the constructions are made by obtaining the sanctioned plan as required under the Hyderabad Municipal Corporation Act and bylaws made thereunder. It is averred in the affidavit that respondents were visiting and interfering with the constructions. 3. A counter-affidavit is filed on behalf of the respondents stating that the petitioner made construction in set backs also in deviation to the sanctioned plan and he also constructed one extra floor and pent house. It is further stated that even before any legal action is being taken, the Writ Petitioner approached this Court. 4. At the stage of admission, this Court granted interim orders and the said interim orders continued all along. Even as per the counter-affidavit filed on behalf of the respondents, no notices were issued for taking up any action, either for removal of the portions constructed in deviation to the sanctioned plan or the constructions of extra floor and pent house. 5. For the aforesaid reasons, I dispose of the Writ Petition directing the respondents not to take any steps for demolition, as otherwise than the due process of law. It is needless to observe that in deviation to the sanctioned plan, if any constructions are made or any extra floors are built, it is open for the respondent authorities to take appropriate steps in accordance with the provisions of the Hyderabad Municipal Corporation Act, 1955. 6. Subject to above directions, the Writ Petition is disposed of. No order as to costs. __________________ R.SUBHASH REDDY, J. 30th March, 2009. skmr IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 22558 of 2000 Between: Smt.C.Karuna Sree W/o Sri.C.R.K.Chowdary R/o.46A, Flat No.202, Balaji Residency, V.V.Nagar, Hyderabad-38. ..... PETITIONER AND 1 State of Andhra Pradesh Rep. by its Secretary to Department of Municipal Administrat 2 Municipal Commissioner Municipal Corporation of Hyderabad, Tank Band, Hyderabad. 3 The Town Planning Officer, Circle V, Municipal Corporation of Hyderabad, Hyderabad. 4 District Collector, Hyderabad District, Hyderabad District. 5 The Mandal Revenue Officer, Khairatabad, Hyderabad. 6 Assistant Commissioner of Police, Panjagutta, Hyderabad. 7 The Station House Officer, Sanjeev Reddy Nagar, Hyderabad. .....RESPONDENTS 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 issue a Writ or order more particularly one in the nature of Writ of Mandamus declaring that the action of the respondents in initiating any action without notice for treating the already constructed area of the petitioner building i.e., Ground + 4 floors with pent house excluding parking area in the premises bearing No.8-3-191/52, AP HB No.48/A and premises MCH No.8-3-191/51, AP HB No.47/A, in an area of 778 sq.yards, Vengal Rao Nagar, Hyderabad as unauthorised and to take steps for demolition of the already constructed building causing irreparable loss as illegal, arbitrary and bad and consequentially directions to the respondents not to demolish the petitioner building constructed as per plan i.e., ground + 4 floor with pent house excluding parking area and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.C.HANUMANTHA RAO Counsel for the Respondent No.: GP FOR HOUSING The Court made the following :