IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 27254 of 2008 Between: Marepally Padmavathi W/o.Krishna Raja Rajeswaripuram Old Pattabipuram Guntur District Guntur District ..... PETITIONER AND 1 The Municipal Corporation of Guntur Guntur Dist Rep.by its Commissioner Guntur Guntur District 2 Ravipudi Subramanyam S/o.Venkatranarayana D.No.21-9-80 Nerallawari Street Sangadiguntla Guntur City Guntur District .....RESPONDENT(S) 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 more particularly one in the nature of writ of Mandamus declare the action of the respondent No.1 in seeking to demolish the tiled house of the petitioner bearing Door No.3-79 Municipal Assessment No.2035 situated in Nallapadu(V) within the Guntur Municipal Corporation Guntur District without following due process of law is illegal arbitrary and unconstitutional and consequently direct the respondent No.1 not to demolish the building of the petitioner and pass Counsel for the Petitioner:MR.CH.VIDYASAGAR Counsel for the Respondent No.: MR.B.VENKATARATNAM The Court made the following : THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.27254 of 2008 ORDER 1 According to the petitioner he purchased the house bearing Door No.3-79 situated in Nallapadu (V) within the Guntur Municipal Corporation through a registered sale deed dated 05.02.2008 and thus he came into peaceful possession of the same. However, as there is a threat from the municipal corporation that the property is belonging to the corporation, he was constrained to institute O.S.No.264 of 2008 on the file of the V Additional Senior Civil Judge, Guntur seeking mandatory injunction against the Corporation and the same is pending. In the meanwhile, the impugned notice dated 11.12.2008 was issued directing the petitioner to remove the structures failing which the structures would be demolished. Questioning the said notice, petitioner approached this Court and filed the present Writ Petition. 2 Heard the learned counsel for the petitioner and the standing counsel appearing for the Guntur Municipal Corporation. 3 As this Court is of the view that this Writ Petition can be disposed of at the stage of admission, this court is dispensing with the issuance of usual notice to the unofficial second respondent. 4 A perusal of the impugned notice clearly reveals that the petitioner was not directed to offer any explanation to the notice dated 11.12.2008. What was stated in the said notice is to demolish the structures within a period of three days failing which necessary action would be initiated. 5 In view thereof, this Writ Petition is disposed of directing the petitioner to offer his explanation to the notice dated 11.12.2008 issued by the first respondent Corporation within a period of ten days from today and the first respondent authority shall consider the same and pass appropriate orders within ten days thereafter. As this Court dispensed with the usual notice to the second respondent, the first respondent Corporation is further directed to put the second respondent also on notice and give him an opportunity of personal hearing before passing any orders on the explanation that may be offered by the petitioner. No order as to costs. -------------------------- SRI T.G.K, J. 15.12.2008 kvsn