IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 1931 of 2000 BETWEEN Smt. Razia Banu W/o. M.A.Rasheed, Muslim, R/o. 11-3-800, Gokul Nagar, Mallepally, Hyderabad. ... PETITIONER AND 1 The Commissioner, The Hyderabad Municipal Corporation, Hyderabad. 2 The Assistant City Planner, Town Planning Section, Circle No. IV, Hyderabad. ...RESPONDENTS 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 an appropriate Writ, Order or Direction one in the nature of Writ of Mandamus declaring the show cause notice dt.2.2.2000 vide ACP Notice No.33 under Sec.428 & 433 Hyderabad Municipal Corporation Act, as illegal, arbitrary and without jurisdiction and consequently set aside the same and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.P.SRI RAGHU RAM Counsel for the Respondents: MR.GANTA RAMA RAO The Court made the following: ORDER: Petitioner submits that she purchased a house bearing Door No.11-3- 800 situated at Gokulnagar, Mallepally, Hyderabad and the said house was constructed in a piece of land admeasuring 97.42 sq. meters and she has been enjoying the property without any interference whatsoever. While so, the first respondent issued Notice No.33 dated 02.02.2000 under Section 452 of the Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’) stating that the building has been constructed contrary to the sanction plan and second floor was constructed without any permission, accordingly directed to remove the said deviations/unauthorized constructions. 2. Petitioner further submits that she filed a representation dated 04.02.2000 before the Town Planning Section, Municipal Corporation of Hyderabad, Circle IV, Khairatabad pursuant to the said notice. 3. This Court while admitting the writ petition on 09.02.2000 directed the respondents not to demolish the building pursuant to the said notice. 4. As the representation is said to have been pending and since no counter is filed, the respondents are directed to consider and dispose the said representation dated 04.02.2000 filed pursuant to Notice No.33 dated 02.02.2000 issued by the first respondent, in accordance with law. Till then status quo obtaining as on date shall be maintained. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ V. ESWARAIAH, J March 5, 2008 DSK