IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 3820 of 2001 Between: 1 Ch.Haridas, S/o.Narsaiah, Rep. by their G.P.A. holder Habeebullah Khan, S/o.Late Shamsheer Khan, age:46 R/o.10-2-317/1/B, Hanumanbowil, Mallepalli, Hyderabad. 2 P.Saraswathi, W/o.Late Kishen Kumar Rep. by their G.P.A. holder Habeebullah Khan, S/o.Late Shamsheer Khan, age:46 R/o.10-2-317/1/B, Hanumanbowil, Mallepalli, Hyderabad. ..... PETITIONER(S) AND 1 Municipal Corporation of Hyderabad, Rep. by its Commisioner and Special Officer, Tank Bund, Hyderabad. 2 Assistant Commissioner, Rep. by its Commissioner and Special Officer, Circle No.IV, Tank Bund, Hyderabad. .....RESPONDENT(S) 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 to issue a Writ of Mandamus or any other appropriate writ and direct the respondents to act in accordance with law and forbear fro demolishing any part of the residential building of the petitioners bearing NO.10-2-317/1/B/2,3 and 4, Hanumanbowli, Mallepalli, Hyderabad, without following the procedure of law and without giving apportunity of contest of the petitioners, and grant such Counsel for the Petitioner:MR.V.VENKATARAMANA Counsel for the Respondent No.: SMT.KALPANA EKBOTE The Court made the following : ORDER: It is the case of the petitioners that they are absolute owners and possessors of the premises bearing No.10-2-317/1/B/2, 3 and 4, Hanumanbowli, Mallepalli, Hyderabad and after obtaining permission for the construction of ground + two floors for residential building, vide permit No.59/56 dated 25.3.1998, they had constructed the building in accordance with the sanctioned plan. While so, the 2nd respondent came to the premises on 2.3.2001 and carried away the construction material lying at the premises, without giving any notice. If the petitioners constructed the building in violation of the sanctioned plan, it is always open for the respondents to issue notice and take appropriate action. But, without following the due process of law, the building of the petitioners cannot be demolished. Having regard to the facts and circumstances of the case, since no counter affidavit is filed and none appeared for the respondents, the writ petition is disposed of directing the respondents not to resort to demolition of any part of the building, without following the process of law. No order as to costs. -------------------------- V. ESWARAIAH, J DATE: 27.3.2008 CVM