THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.34580 OF 2011 O R D E R: This writ petition is filed seeking to issue writ of Mandamus declaring the action of the respondent in trying to demolish the structures raised in R.S.No.159/2 of Durga Agraharam in Municipal Ward No.23 (old), present No.26/2, with Door No.30-22-92, Vijayawada as illegal and arbitrary and consequently direct the respondent not to demolish the structures raised by the petitioner without following the due process of law. 2. The brief facts, stated in the affidavit filed in support of the writ petition, are that the petitioner is the owner and possessor of an extent of 231.50 sq.yards together with thatched house in the aforementioned premises having purchased the same under a registered sale deed. The petitioner made an application on 21.07.2011 to the respondent Corporation for construction of RCC Roof Building Ground and First Floor for commercial purpose and the respondent Corporation granted permission on 17.08.2011. The petitioner made construction in part in the second floor and is contemplating to file an application for regularization under Section 455-A of the Hyderabad Municipal Corporation Act, 1955. The officials of the respondent Corporation visited the property on 26.12.2011 and threatened him to demolish the construction in the second floor. Till date, the petitioner has not received any notice from the respondent Corporation, but he is apprehending that the respondent may demolish the structures raised by him without following the due process of law. Hence, he filed the present writ petition. 3. Learned counsel for the petitioner contended that the respondent Corporation is trying to demolish the structures raised by the petitioner in the second floor without giving any notice to the petitioner and hence, he prays to issue a direction to the respondent Corporation not to demolish the structures raised by the petitioner. 4. On the other hand, learned Standing Counsel appearing for the respondent Corporation contended that the respondent Corporation would follow the due process of law in case the structures raised by the petitioner are contrary to the sanctioned plan or without there being any sanction. 5. The petitioner seems to have raised structures in the aforementioned premises. The apprehension of the petitioner is that the respondent Corporation is trying to demolish those structures. The petitioner claims to be the owner of the property. Even assuming for a moment that the petitioner constructed the structures without there being any sanctioned plan or deviating from the sanctioned plan, the respondent Corporation has to follow the due process of law. Therefore, the respondent Corporation is directed to follow the due process of law to demolish the structures in case the petitioner raised them without any sanctioned plan or deviating from the sanctioned plan. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. _______________ K.C.BHANU, J 29th December, 2011. AMD THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.34580 OF 2011 Date:29.12.2011 AMD