IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.20212 of 2011 BETWEEN Smt. Dometi Vidyadharai. ... PETITIONER AND The Secunderabad Cantonment Board, Secunderabad. ...RESPONDENT Counsel for the Petitioner: MR. V.V.N. NARAYANA RAO Counsel for the Respondent: MR. Y.V. RAVI PRASAD The Court made the following order: ORDER: Petitioner has obtained sanction of building plan from the respondent – board on 04.03.2011 and has taken up construction on the property bearing Plot No.94 in Sy.No.55/1, Vasavi Nagar, Kakaguda village, Secunderabad. Petitioner alleges that while he was constructing the building in accordance with the sanctioned plan and when the construction reached second floor, the Assistant Engineer of the respondent – board physically interfered with the construction on 16.07.2011 without issuing any notice and without passing any orders. The said action was, therefore, questioned in this writ petition. 2. By order dated 18.07.2011, while issuing notice before admission, this Court directed that the respondent shall not interfere with the construction, which the petitioner is undertaking in view of the permission dated 04.03.2011. 3. Learned standing counsel for the respondent has now brought to the notice of this Court that while there is no unauthorized interference, the petitioner was given a preliminary notice dated 14.10.2011 pointing out certain deviations on the ground, first and second floors and he was called up to stop the construction and show cause within three days against the said observations. 4. Learned counsel for the petitioner states that the petitioner has already sought time from the respondent for filing reply. 5. However, in view of the contention of the respondent that a preliminary notice with regard to alleged deviations is already issued to the petitioner, the petitioner is at liberty to file a reply to the said show cause notice to satisfy the respondent that there is no violation of sanctioned plan. The reply, if not already filed, shall be filed by the petitioner within three (3) weeks from today and on consideration thereof, the respondent shall pass appropriate further orders in accordance with law. It is needless to point out that till such time that the respondent passes appropriate orders in pursuance of the said notice no demolition shall take place. The writ petition is accordingly disposed of with the directions as above. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J November 14, 2011 DSK