IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 3276 of 2009 Between: D.Tuljaram S/o.D.Balram R/o.H.No.4-7-761 to 771 Esamiya Bazar, Hyderabad. ..... PETITIONER AND The Greater Hyderabad Municipal Corporation, Circle-8, TPS, represented by its Deputy Commissioner, Hyderabad. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ or order or direction more in the nature of Writ of Mandamus declaring the action of the respondent in interfering with the construction of the building by the petitioner in H.No.4-7-761 to 771, Esamiya Bazar, Hyderabad as arbitrary and consequently direct the respondent not to interfere with the construction of the building by the petitioner at H.No.4-7-761 to 771, Esamiya Bazar, Hyderabad without due process of law in the interest of justice. Counsel for the Petitioner: MR.P.NAGENDRA REDDY Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : O R D E R:- The petitioner asserts that he is the owner of House bearing No.4-7-761 to 771 in an extent of 114 sq. yards including some vacant land situated at Esamiya Bazar, Hyderabad. Since the house is in dilapidated condition, he got it demolished and made an application to the respondent-Corporation seeking permission for construction of ground and first floors in place of the demolished building, and the 1st respondent vide Permit No.2/54, dated 11.02.2009, approved the plan. While the petitioner started making construction of the building as per the sanctioned plan and raised pillars and roof of the 1st floor, it is the case of the petitioner that the respondent, on 14.02.2009, without issuing any notice, interfered with the constructions and threatened to demolish the structures. On instructions, the learned Standing Counsel for Greater Hyderabad Municipal Corporation, appearing for the respondent, submitted that they are not at all interfering with the construction of the building, and that in case they proceed against any illegal constructions being made by the petitioner, they shall do so only by issuing notice and following the due process of law. Having regard to the submission made by the learned Standing Counsel that they would follow the due process of law before any action is taken against the illegal constructions, if any, made by the petitioner, this Court deems it appropriate to dispose of the writ petition with the following directions: “The respondent-Corporation is directed not to interfere with the constructions being made by the petitioner in accordance with the sanctioned plan. However, if the petitioner deviates the sanctioned plan, they are at liberty to take action against such deviations/illegal constructions, but before taking any such action, they shall follow the due process under law.” Accordingly, this writ petition is disposed of. No costs. ______________ N.V.RAMANA, J 26th February, 2009 bcj