IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 2967 of 2009 Between: K.Venkaiamma, W/o. K.Nageshwar Rao, R/o.H.No.1-5-362, Suryanagar Colony, Old alwal, Ranga Reddy district. ..... PETITIONER AND 1 The Deputy Commissioner, Greater Hyderabad Municipal Corporation Alwal Circle, R.R.District. 2 The Town Planning Officer, GHMC, Alwal Circle , R.R.District. .....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 writ order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents authorities in forcibly stopping the construction activities being carried on by the petitioner on Plot Nos.182 (P) and 183(P) forming pat of sy.No.39 situated at Suryanagar, Alwal Village, Malkajgiri, R.R.District and threatening to demolish the structures as illegal, arbitrary, contrary to Section 437 of the GHMC Act, 1955 as amended by Act No.14 of 2008, and consequently direct the respondents to forthwith accord permission in pursuance of the application dated 31-10-2008, Counsel for the Petitioner:MR.MEKALASRINIVAS YADAV Counsel for the Respondent No.: R.RADHA KRISHNA REDDY(SC FOR GHMC,SNCZONE) The Court made the following : ORDER: This writ petition is filed by the petitioner questioning the action of the respondents in interfering with her construction activities and threatening her to demolish the structures raised over plot No.182(P) and 183(P) forming part of Sy No.39 situated at Suryanagar, Alwal Village, Malkajgiri, Ranga Reddy District. Heard the learned counsel for the petitioner and the learned standing counsel for the respondent Municipal Corporation and at their request the writ petition is taken up for final disposal at the admission stage itself. The petitioner claim to be the absolute owner and possessor of Plot Nos.182 and 183, forming part of Sy.No.39 situated at Suryanagar, Alwal having purchased the same under registered sale deed dated 17.12.2007 and the same plots are included in the layout regularized by the respondent corporation vide proceedings dated 3.10.2008. While so, with an intention to construct a residential house, she approached the respondent authorities and submitted an application on 31.10.2008 along with necessary plan and complied with all the required formalities and also paid necessary amounts for according permission. But since the respondent has not considered the plan within the statutory period of 30 days from the date of receipt of the application as per Section 428 of the Hyderabad Municipal Corporation Act, 1955, she issued a notice on 5.11.2008 to the 1st respondent and since no orders have been passed on her application, she proceeded with the construction under deemed permission as per the plan submitted by her. While so, the respondent authorities came to the premises on 5.2.2009 and threatened to stop the construction work immediately or else to demolish the same without any notice and hence this writ petition. On instructions, the learned standing counsel for the Municipal Corporation submits that the petitioner, without even waiting for the completion of the statutory period meant for considering the application, started with the constructions in deviation to the plan submitted by her and, therefore, the Corporation has already issued notice to her indicating the deviations and after considering the explanations to be submitted by her, they will take necessary action. In that view of the matter, since the respondent Corporation has already issued notice to the petitioner indicating the deviations in her constructions, the writ petition is disposed of directing the respondents to consider the explanations to be submitted by the petitioner pursuant to the receipt of the notice, said to have been issued by the respondents, and take necessary action. N.V.RAMANA, DT.24.2.2009 msv