IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT: THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.23085 OF 2007 BETWEEN: K.V.S. Bhaskar S/o. Late Bhuvaneswara Rao …. Petitioner AND The Greater Municipal Corporation of Hyderabad, Rep. by its Commissioner. …. Respondent THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.23085 OF 2007 ORDER: This Writ Petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of respondent in demolishing the slab laid by the petitioner in his building in the ground and first floor to some extent situated in T.S. No.128/4 and 129, Plot No.25, Chinamushidiwada, Visakhapatnam on 29-10-2007 and threatening to further demolish the remaining portion of the building without issuing any show cause notice under Section 452 of the Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’) and without conducting any enquiry and without passing any order under Section 636 of the Act, as arbitrary and illegal and consequently direct the respondent not to demolish the building. 2. Heard both sides. 3. The grievance of the petitioner is that no notice as contemplated under Sections 452 and 636 of the Act has been issued to him. 4. The learned standing counsel appearing for the respondent contended that the respondent has proceeded in accordance with law. 5. It is also contended by the learned counsel for the petitioner that the petitioner has also applied for Building Penalization Scheme (BPS), which is a scheme to regularize the constructions, and the respondent has to take appropriate decision in accordance with law, but without giving any notice to the petitioner, the respondent has proceeded with demolition of the slab laid in the ground and first floors. 6. Hence, the respondent is directed to issue notice under Section 452 of the Act, if necessary, under Section 636 of the Act, to the petitioner and pass appropriate orders, in accordance with law. The respondent is further directed to consider the application, if any, filed by the petitioner under Building Penalization Scheme, in accordance with law. 7. The Writ Petition is, accordingly, disposed of. There shall be no order as to costs. _____________ K.C. BHANU, J September 23, 2009. KTL