IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 15322 of 2008 Between: 1 Chintada Durga W/o. Gandhi R/o. D.No. 39-16-42, Madhavadhara, Visakhapatnam. 2 Karri Devi W/o. Late Chandra Rao R/o. D.No. 37-12-24/1, N.G.O.S.Colony, East Murali Nagar, Visakhapatnam ..... PETITIONERS AND Greater Visakhapatnam Municipal Corporation, Rep. by its Commissioner, Visakhapatnam. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in threatening to demolish a portion of building of the petitioners situated in site admeasuring 112 square yards out of total extent of 183 square yards bearing plot No.3 in Survey Number 19/1B, Kalinganagar, Madhavadara Village, Greater Visakhapatnam Municipal Corporation limits without any notice and without inviting objections from the petitioner following due process of law as illegal, irregular, arbitrary violative of the principles of natural justice and the provisions of Hyderabad municipal Corporation Act, rules and regulations framed there under and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondent not to demolish any portion of building property of the petitioners and pass Counsel for the Petitioner:MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondent: MR.N.RANGA REDDY (SC FOR GVMC) The Court made the following : THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.15322 of 2008 ORDER: This writ petition has been filed by the petitioners assailing the action of the respondent in threatening to demolish a portion of their building situated in site admeasuring 112 square yards out of total extent of 183 sq. yards in plot No.3 comprising Sy.No.19/1B, Kalinganagar, Madhavadara village, Greater Visakhapatnam Municipal Corporation limits, without following the due process of law. 2. The petitioners are owners of the site admeasuring 112 sq. yards out of total 183 sq. yards in plot No.3 comprising Sy.No.19/1B, Kalinganagar, Madhavadara Village, Visakhapatnam. They obtained permission vide BA No.2007-BA-11549/ACP/111/G1, dated 25.05.2007, for construction of ground plus two floors. After obtaining permission, they constructed a building. While so, the respondent Corporation is contemplating to demolish the building on the ground of some deviations in the construction. Hence, this writ petition. 3. When the writ petition came up for admission, Sri N.Ranga Reddy, learned Standing Counsel for Greater Visakhapatnam Municipal Corporation received notice on behalf of the respondent. 4. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondent. 5. The writ affidavit averments indicate that the petitioners obtained permission before proceeding with the construction over the site owned by them. It is alleged that the respondent Corporation is contemplating to demolish the constructions made by the petitioners on the premise that they are in deviation of the sanctioned plan. 6. Learned Standing Counsel appearing for the respondent, on instructions, submits that the respondent will follow the due process of law, such as issuing notice under Section 452 and 636 of the Hyderabad Municipal Corporations Act, before demolition of any of the constructions which have been made in deviation to the sanctioned plan. 7. In that view of the matter, the writ petition is disposed of directing the respondent to follow the due process of law before taking steps for demolition of the constructions allegedly made in deviation to the sanctioned plan. No order as to costs. ________________________ B.SESHASAYANA REDDY,J 17.07.2008 v v