THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.33523 of 2011 ORDER: This writ petition is filed seeking a writ of mandamus to declare the action of the second respondent in issuing the notice in the name of the vendor of the petitioners dated 16.12.2011 under Section 636 of the Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’), without issuing any show cause notice, as arbitrary and illegal and consequently direct the respondents not to interfere with the possession of the petitioners in respect of premises bearing No.13-8- 41 situated at Gauthamnagar, Gaddiannaram, Hyderabad. 2. The case of the petitioner, in brief, may be stated as follows: The petitioners purchased the premises bearing No.13-8-41 situated at Gauthamnagar, Gaddiannaram, Hyderabad, from one P.Vijaya, W/o. Anjaiah on 02.12.2010 through a registered sale deed bearing document No.4777/2010 consisting of ground and two floors and since then they are residing in the said house. Their vendor applied for regularisation of the building and obtained the penalisation orders on 28.10.2010 vide Proceeding No.BPS/4777/G1/C- 3/EZ/GHMC/2008 for the ground, first and second floors. After purchasing the said building, they were constrained to construct the third floor and pent house in the fourth floor without obtaining permission from the respondents and they were intending to go for regularisation of the same by making an application to the authority concerned. While so, the staff of the respondent authorities came on 16.12.2011 and served the impugned notice in the name of their vendor, namely, P.Vijaya directing to remove the unauthorised construction of third floor and pent house at fourth floor within 24 hours, without issuing any show cause notice. Hence, this writ petition. 3. Learned counsel for the petitioners contended that the notice under Section 452 of the Act was issued to the vendor of the petitioners on 20.06.2011 and that long prior to the issuance of the said notice, the petitioners purchased the property in question under registered sale deed dated 02.12.2010. 4. On the other hand, the learned Standing Counsel appearing for the respondent Corporation contended that the notice was issued to the owner of the premises in question under Section 452 of the Act; that as no explanation is received, the impugned notice is passed and that the impugned notice needs no interference by this Court. 5 . The notice under Section 452 of the Act was issued on 20.06.2011 to P.Vijaya. As no explanation was received, the impugned notice was issued on 16.11.2011 directing P.Vijaya to remove the unathorised construction made in the third floor and the pent house in the fourth floor. The case of the petitioners is that they have purchased the premises in question on 02.12.2010 under registered sale deed, consisting ground and two floors. The vendor of the petitioners also applied for regularisation of the building and obtained penalisation orders on 28.10.2010 for the ground, first and second floors. As seen from the allegations in the affidavit, admittedly no sanction for construction of third floor and pent house in the fourth floor, was obtained by either the petitioners or their vendor. Since the notices have not been issued to the petitioners, who are the owners of the property in question having purchased the same under registered sale deed, the Municipal Corporation ought to have issued notice to the petitioners before taking any action. 6. In the circumstances, the impugned notice dated 16.12.2011 is set aside and the respondents are directed to give notice to the petitioners under Section 452 of the Act calling for their explanation for making illegal constructions, and thereafter, pass appropriate orders in accordance with law. Till then, the petitioners shall not make any further constructions in the third floor and pent house in the fourth floor in the premises bearing No.13-8-41, situated at Gauthamnagar, Gaddiannaram, Hyderabad. 7. With the above direction, the Writ Petition is disposed of. No costs. ____________ K.C.BHANU,J Dated: 20.12.2011 va