IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD. (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF MAY, TWO THOUSAND AND ELEVEN PRESENT THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.14343 OF 2011 B e t w e e n: Smt. D.Malleswari, W/o. Venkateswarlu, Hindu, Aged about 35 years, Housewife, R/o. D.No.10-75-20, (Plot No.EWX A-91, UDA Colony), Tenali. - - - Petitioner. A n d Tenali Municipality, Rep. by its Commissioner, Tenali, Guntur District. - - - Respondent. The court made the following : THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.14343 OF 2011 ORDER: Heard Sri V.S.R. Anjaneyulu, learned counsel for the petitioner and Sri S. Nageswara Reddy, learned standing counsel for the respondent and at their request the writ petition is disposed of at the stage of admission. 2. The action of the respondent in seeking to demolish the second floor of the petitioner’s building, for which, admittedly, no sanction plan was approved by the respondent, is under challenge in this Writ Petition. 3. Sri V.S.R. Anjaneyulu, learned counsel for the petitioner, would place reliance on G.O.Ms. No.423, Municipal Administration and Urban Development (M1) Department dated 31-07-1998 in support of his submission that, since the building in question is less than 100 sq. yards, it is exempted from the requirement of obtaining permission before resorting to construction of two rooms on the second floor. According to the learned counsel despite this fact being brought to the notice of the respondent by the petitioner’s counsel, vide notice dated 06-05-2011, the respondent had proceeded to issue the impugned order on the same day. 4. G.O.Ms. No.423, dated 31-07-1998, requires prior permission from the competent authority for carrying out building construction except where the plot in question is less than 100 Sq. meters and the height is restricted to 10 meters. The said G.O. also stipulates several conditions. 5. The affidavit is silent as to whether the petitioner has complied with these conditions entitling him to claim exemption in terms of the said G.O. It is also not evident as to whether the said G.O. was in force on the day on which construction was resorted to and whether it has been superceded either during the period of construction or thereafter. As applicability of the said G.O. would enable the petitioner, subject to fulfillment of the conditions stipulated therein, to proceed with construction of a part of the second floor if the plot size is 100 meters or less, it is but appropriate that the respondent should examine the matter before resorting to demolition. 6. I consider it appropriate, therefore, to dispose of this Writ Petition permitting the petitioner to submit a detailed representation within two weeks from today. In case such a representation is filed, the respondent shall consider the same in accordance with law including in terms of G.O.Ms. No.423, dated 31-07-1998, and thereafter take action in accordance with law. Till such action is taken the impugned proceedings shall not be given effect to. It is made clear that in case the petitioner does not submit any representation within the aforementioned period of two weeks, it would be open to the respondent to proceed in terms of the impugned proceedings for demolition of the construction on the second floor of the building in question. The writ petition is disposed of accordingly. No order as to costs. __________________________ RAMESH RANGANATHAN, J. DATE: 18-05-2011. Note: Issue C.C. in three days. B/o.Dsh.