THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 29478 OF 2011 ORDER : 1. This Writ Petition is filed seeking to issue a writ of mandamus declaring the action of the respondents in trying to demolish gift article shop under the name and style ‘Darling Paradise’ situated in the premises bearing door No.10-1-43 admeasuring 60 square yards in the stilt floor of Siripuram Fort complex situated in L.P. No.200/59, Plot No.45A, T.B. Road Area, covered by block No.8, T.S. No.71 of Waltair Ward, Visakhapatnam without considering the BPS Application No.6556/ZONE-II/Ward- 15; without issuing any notice to the petitioner and without following due process of law as illegal and arbitrary and consequently direct the respondents to consider the application filed under the Building Penalisation and Regularisation Scheme (BPS) vide application No.6556/ZONE-II/Ward-15. 2. Case of the petitioners may be stated as follows: The petitioners are owners of the above mentioned premises and they are running a gift articles shop therein for the last ten years. On 2.11.2011, officials of respondent corporation came to their shop along with JCB and demolished the steps in front of the shop and when the petitioners questioned about the same, they stated that part of the parking area of the stilt floor has been converted into commercial purpose contrary to the rules and regulations. The petitioners have already filed an application under the BPS in respect of the said premises duly paying the amount for regularization of minor deviations made by them and the same is pending. The respondents, without considering the said application, without issuing any notice to the petitioners and without following due process of law, are illegally trying to demolish the schedule premises. Hence, the Writ Petition. 3. Heard the learned counsel for the petitioners and the learned standing counsel appearing for the respondents. 4. The learned counsel for the petitioners contended that without there being any notice as contemplated under the Greater Hyderabad Municipal Corporation Act, 1955 (for short, ‘the Act’), the respondents are trying to demolish the schedule building; that the building in question has been constructed in accordance with the sanctioned plan and therefore he prays to issue direction to the respondents not to demolish the building. 5. On the other hand, the learned standing counsel appearing for the respondents contended that the respondents would follow due procedure contemplated under Sections 452 and 636 of the Act before taking any action for demolition. 6. The petitioners are running a gift articles shop under the name and style ‘Darling Paradise’ in the premises in question. It is the specific case of the petitioners that the building in question was constructed in accordance with the sanctioned plan. It is the duty of the respondent corporation to see whether the building in question was constructed in accordance with the sanctioned plan or not and take action in accordance with law. But, before taking any such action, the petitioners should be given an opportunity to show-cause as to why the building should not be demolished for violation of sanctioned plan or building rules, as required under Section 452 of the Act. After submission of explanation by the petitioners, the respondents have to pass final orders as contemplated under Section 636 of the Act. 7. The Writ Petition is, accordingly, disposed of with a direction to the respondents to follow the procedure prescribed before demolishing the building in question. No costs. --------------------- (K.C.Bhanu, J.) 3.11.2011 DRK THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 29478 OF 2011 3.11.2011 THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 29478 OF 2011 DATED 3.11.2011 Between: Mr. Ujjwal Kumar Parekh …Petitioner And Greater Visakhapatnam Municipal Corporation, Represented by its Commissioner & another …Respondents