THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 30643 OF 2011 ORDER : 1. This Writ Petition is filed seeking to issue a writ of mandamus declaring the action of the respondent in issuing notices in UC No.1/2011, dated 01.11.2011 and consequential proceedings UC No.1/2011, dated 04.11.2011 contemplating to demolish petitioner’s residential building bearing D.No.13-5-13, Chinthavari Street, Penapadu, Tenali, Guntur District as illegal and arbitrary and consequently direct the respondent not to demolish the building. 2. Case of the petitioner may be stated as follows: Petitioner is absolute owner and possessor of the aforesaid property. He constructed a new residential building with ground + two floors after obtaining permission from he respondent vide B.A. No.287/2011/G2, dated 27.7.2011 in the year 2011. On 4.11.2011, the respondents and its officials came to the said house and issued both provisional proceedings and notice to demolish the construction without affording any opportunity to the petitioner. The respondent is obliged to afford an opportunity of explaining to the petitioner for taking any action in respect of the construction of the building. Hence, the Writ Petition. 3. Heard the learned counsel for the petitioner and the learned standing counsel appearing for the respondent. 4. The petitioner claims to be owner the building in question. Without following the due process of law, the respondent corporation has no authority to demolish construction made by the petitioner, even if it is illegal and unauthorized construction. Learned standing counsel for the respondent stated that after following due procedure, the respondent would take suitable action in the matter. 5 Therefore, the respondent is directed not to demolish the building in question if the construction is made in terms of permission No.B.A. No.287/2011/G2, dated 27.7.2011. If there are any violations from the sanction plan, the respondent is at liberty to initiate action as per law after following due process. In case of any deviations from the sanction plan, the proceedings UC No.1/2011, dated 04.11.2011 can be treated as first show- cause notice and the petitioner shall give explanation therefor. After receipt of the explanation, the respondent is at liberty to take appropriate decision in accordance with law. 6. With the above direction, the Writ Petition is disposed of. No costs. --------------------- (K.C.Bhanu, J.) 18.11.2011 DRK THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 30643 OF 2011 18.11.2011 THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 30643 OF 2011 DATED 18.11.2011 Between: Seedha Ramakrishna …Petitioner And Tenali Municipality, Tenali, Guntur District rep. by its Commissioner …Respondent