IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 15228 of 2009 Between: Mohd. Syed Showkath Ali S/o. Syed Kursheed Ali R/o. 8-2-602/39, Zahara Nagar, Banjara Hills, Hyderabad. ..... PETITIONER AND Greater Hyderabad Municipality Corporation Rep. by its Commissioner Lower Tank Bund, Hyderabad. .....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 issue a Writ or any appropriate writ or writs or direction/s more particularly in the nature of mandamus declaring the Notice dated 23-07-2009 issued by the respondent Corporation Under Sec.452 of HMC Act is illegal, arbitrary and unconstitutional and consequently direct the respondent not to demolish the any structures constructed in the schedule property bearing No.8-2-602/39, Zehara Nagar, Banjara Hills, Hyderabad. Counsel for the Petitioner : MR. RAJAGOPALLAVAN TAYI Counsel for the Respondent: (SC FOR MCH CIRCLES 3&5)KALPANA EKBOTE The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.15228 OF 2009 ORDER: This writ petition is filed seeking a declaration that the alleged action of the respondent in seeking to demolish the structures raised by the petitioner in the premises bearing No. 8-2-602/39, Zaharanagar, Banjara Hills, Hyderabad as arbitrary and illegal. It is not in dispute that the respondent Corporation issued a show-cause notice dated 23.7.2009 under Section 452 of the Hyderabad Municipal Corporations Act, 1955 (for short, ‘HMC Act, 1955’) calling upon the petitioner to show-cause within 7 days as to why the building in question should not be removed alleging that the same was constructed unauthorizedly. The petitioner states that the allegation made by the respondent Corporation is false and without any basis and even before the appropriate explanation could be filed, the respondent is resorting to demolition of the structures high- handedly. Hence, the present writ petition. Having heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondent Corporation and having regard to the fact that the notice dated 23.7.2009 is only a show-cause notice, the writ petition is disposed of permitting the petitioner to submit his explanation within the time granted by the respondent in the show-cause notice dated 23.7.2009. Till such explanation is considered and appropriate orders are passed in accordance with law, the respondent Corporation shall not resort to demolition of the structures in question. However, it is made clear that the petitioner shall not proceed with any further construction until appropriate orders are passed by the Corporation. Writ Petition is accordingly disposed of. No costs. _______________ G. ROHINI, J. Dt. 28.07.2009 gbs