THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 30902 OF 2011 ORDER : 1. This Writ Petition is filed seeking to issue a writ of mandamus declaring the action of the respondent in seeking to demolish the house and shop of the petitioner in an extent of 0.55 cents in Ward No.8, Block No.10, T.S. No.514/3, D.No.1-5-1A, Muniswamy Naidu Road, Nazerpeta in Tenali Municipality, Guntur District without following any procedure known to law as illegal and arbitrary. 2. Case of the petitioner may be stated as follows: The petitioner is owner and possessor of the aforesaid premises having acquired the same through a partition deed dated 18.11.1993. After obtaining permission from the respondent municipality, he raised building and shop in the premises, and has been paying property tax to the municipality, and his name is mutated in municipal records. On 20.11.2011, the respondent authorities came to the property and took measurements, and on enquiry, the petitioner came to know that they were going to demolish the building and shops on the ground of deviation from original plan. The respondent municipality has not issued any notice to the petitioner before initiating the action. Hence, the Writ Petition. 3. Learned counsel for the petitioner contended that the officials of respondent corporation are trying to demolish the house and shop of the petitioner without issuing notice and without following due process of law. 4. On the other hand, the learned standing counsel appearing for the respondent corporation contended that the petitioner is making constructions on the second floor without taking any permission and therefore the respondent corporation has got every right to demolish the unauthorized construction after following due procedure under law. 5. Admittedly, the petitioner is making construction on the second floor without there being any sanctioned plan. According to the petitioner, he is under the impression that he can make an application for regularization of the building constructed after payment of penalty. But, he cannot be permitted to construct second floor without obtaining sanction from the municipal authorities. At the same time, the municipal authorities have no authority to demolish the unauthorized construction without following due process of law. 6. The Writ Petition is, accordingly, disposed of directing the respondent corporation to follow due process of law i.e. issue notice calling for explanation as contemplated under law, and take appropriate decision thereafter before demolition of the unauthorized construction. No costs. --------------------- (K.C.Bhanu, J.) 22.11.2011 DRK THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 30902 OF 2011 22.11.2011 THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 30902 OF 2011 DATED 22.11.2011 Between: Thota Shiva Nageswar Rao …Petitioner And The Tenali Municipality, rep. by its Commissioner, Tenali, Guntur District. …Respondent