IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.8719 of 2004 Between: 1.A.Ravi Kumar, S/o.Sri A.Balaiah, aged about 28 years, Plot No.51, Karkhana, Secunderabad and another ..... PETITIONERS AND 1.Serilingampally Municipality, rep. By its Commissioner, Cyberabad, Ranga Reddy District and another. .....RESPONDENTS Counsel for the Petitioner: MR.M.S.Prasad Counsel for Respondent No.1: Counsel for Respondent No.2: Mr.Dhananjay Reddy, Standing Counsel for HUDA The Court made the following : ORDER: In this Writ Petition, the petitioners seek declaration, by way of Mandamus, that the action of the respondents in taking steps for demolition of the building constructed by them in Survey No.13 of Kondapur Village of Serilingampally Municipality in Ranga Reddy District, as illegal and arbitrary. The petitioners claim to be the owners of residential site admeasuring about 1000 square yards, which they have purchased by registered sale deed, dated 03-07-1998. In the affidavit, filed in support of the Writ Petition, it is stated that after obtaining permission from respondent No.1- Municipality for construction of the ground and two upper floors, the petitioners have constructed a house over the site in question by leaving 20 feet as set back on the front side towards the road. It is further stated that the respondents- Officials have visited the premises in question on 28-04- 2004 and stated that the petitioners have to leave 30 feet as set back and that the construction made by them was unauthorized and threatened that the same is liable to be demolished. On the said apprehension, the petitioners filed this Writ Petition. This Court, while admitting the Writ Petition, passed interim order, dated 30-04-2004, in WPMP.No.11266 of 2004 directing the respondents not to demolish the unauthorized structures, if any, constructed by the petitioners until further orders. The said interim order has been in force since then. Though this Writ Petition is of the year 2004, no counter-affidavit has, so far, been filed by the respondents, but, when the matter is taken up for hearing, it is submitted by the learned Standing Counsel appearing for the respondents that as the petitioners made constructions into 10 units by violating the approved sanctioned plan, the respondents are taking steps for removal of the same. Be that as it may, it is to be noted that during the pendency of this Writ Petition, the municipal area covered by respondent No.1-Municipality was merged in the Greater Hyderabad Municipal Corporation. In view of the subsequent development, the constructions, if any, in the said area is covered by the Hyderabad Municipal Corporation Act, 1955. Though it is the case of the respondents that the petitioners made construction contrary to the sanctioned plan, but as of now, no steps have been taken by them by following the due process of law. In view of the fact that the property in question is presently under the Greater Hyderabad Municipal Corporation Limits and that no counter-affidavit has been filed by the respondents, I deem it appropriate to dispose of the Writ Petition directing the respondents not to take any steps for demolition otherwise, than by due process of law. However, it is made clear that this order will not preclude the Officials of the Greater Hyderabad Municipal Corporation from taking steps in accordance with law, if any unauthorized constructions are made by the petitioners. Subject to the above direction, the Writ Petition is disposed of. No orders as to costs. ___________________ (R.SUBHASH REDDY, J) 11th August, 2009 lur