THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 29761 OF 2011 ORDER : 1. This Writ Petition is filed seeking to issue a writ of mandamus declaring the action of the respondent in threatening to demolish the structures raised in the premises in Plot No.1, S.No.2 part of Madhurwada, Visakhapatnam without issuing any notice and without following due process of law as illegal and arbitrary and consequently direct the respondent not to take any coercive steps without following due process of law. 2. The case of the petitioner, in brief, may be stated as follows: The petitioner is the owner and possessor of the aforesaid property. On the application made by the petitioner, the respondent corporation granted permission vide B.A. No.10334/10/ACP-1, dated 3.2.2010 for construction of a building. The petitioner made construction as per the sanctioned plan and sold the same to prospective purchasers and delivered possession to them. On 4.11.2011, the officials of respondent corporation came to the building and threatened to demolish the structures, but upon resistance from the inmates, they left the building. On 7.11.2011, they respondent authorities came to the said building and made some markings, and when petitioner questioned them, they stated that they are proposing to demolish the said structures under the guise of deviation, without following the due procedure contemplated. Hence, this Writ Petition. 3. Learned counsel for the petitioner contended that the petitioner constructed the building in question completely in accordance with the sanctioned plan and therefore the respondent corporation has no authority to demolish the same, but without there being any notice, the officials of the respondent corporation are trying to demolish the structures, hence, he prays to necessary directions to the respondent not to demolish the structures without following due process of law. 4. On the other hand, Sri N.Ranga Reddy learned standing counsel appearing for the respondent corporation submitted that in case of any deviation, the respondent corporation has got power to demolish any structure after giving reasonable opportunity to the petitioner. 5. There cannot be any dispute that the respondent corporation has got power to remove encroachments or constructions, if made in violation of sanctioned plan, but it must be after following due process of law contemplated under the Hyderabad Municipal Corporation Act, 1955. If there are any deviations from the sanctioned plan, the Corporation has to issue notice under Section 452 of the Act calling for explanation. Thereafter, if the explanation is not satisfactory, the respondent shall pass a final order as contemplated under Section 636 of the Act. 6. The Writ Petition is disposed of directing the respondent corporation not to demolish the structures raised in the premises in Plot No.1, S.No.2 part of Madhurwada, Visakhapatnam without following due process of law. No costs. --------------------- (K.C.Bhanu, J.) 8.11.2011 DRK THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 29761 OF 2011 8.11.2011 THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 29761 OF 2011 DATED 8.11.2011 Between: K.Padmavathi Rao …Petitioner And The Greater Visakhapatnam Municipal Corporation, rep. by its Commissioner, Visakhapatnam …Respondent