HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.15691 OF 2008 Date : 22.12.2009 Between: Sangireddy Francis Reddy & another. …… Petitioners And The Guntur Municipal Corporation, Guntur, rep. by its Commissioner. …..Respondent. HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.15691 OF 2008 ORDER: In this writ petition, the petitioners seek a writ of Mandamus, declaring the action of the respondent-Corporation in taking steps for demolition of the constructions made by them in the premises bearing D.No.4-4-182, situated in Survey Nos.2/b and 2/c (Old), Survey No.2/29 (New), 7th lane, Chandramouli Nagar, Guntur, as illegal and arbitrary. 2. In the affidavit filed in support of the writ petition, it is stated that the petitioners have purchased three plots in the aforesaid Survey Number, vide separate registered sale deeds. They have obtained permission from the respondent-Municipal Corporation, vide Proceedings No.B.A.No.155/2002/ GNT, dated 29.04.2002, for construction of stilt and ground plus two upper floors in one plot admeasuring 618 square yards, and accordingly, they have made constructions for running a school in the said building. The grievance of the petitioners is that the officials of the respondent-Corporation, alleging that the constructions made by the petitioners are unauthorised, are taking steps for demolition of the same, without proper notice or opportunity to them. 3. When the matter has come up, at first instance, on 21.07.2008, this Court has ordered the parties to maintain status quo and the said orders continued all along. Though the writ petition is of the year 2008, no counter affidavit is filed. 4. Heard the learned counsel for petitioners and the learned Government Pleader, representing the Standing Counsel for the Guntur Municipal Corporation. 5. Even for removal of any unauthorised constructions or the constructions that are made in deviation to the sanctioned plan, the owners/occupants of the building are to be given prior notice and opportunity as per the provisions of the Hyderabad Municipal Corporation Act, 1955. As much as it is stated that the constructions are made in accordance with the sanctioned plan, but the respondents are taking steps for demolition of the same without giving any opportunity to them, I deem it appropriate to dispose of the writ petition, directing the respondent-Corporation not to take any steps for demolition of the constructions made by the petitioners. However, it is made clear that if any unauthorised constructions are made by the petitioners, this order will not preclude the respondents from initiating proceedings in accordance with law, for removal of such constructions. 6. Subject to the above directions, the writ petition is disposed of. No order as to costs. _____________________ R.SUBHASH REDDY, J 22nd December 2009 RRB