IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 10173 of 2005 Between: Gubbala Tulasi Kumar S/o Late Yedukondalu R/o House No.65-2-19, Narasanna Nagar, Kakinada, East Godavari District. ..... PETITIONER AND 1 The Special Officer,Muncipal Corporation, Kakinada,East Godavari District. 2 The Commissioner,Municipal Coproration, Kakinada,East Godavari District. 3 The Town Planning Officer & Assistant City Planner, Municipal Corporation,Kakinada, East Godavari 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 to issue a Writ,order or direction more particularly a Writ in the nature of Writ of Mandamus by declaring theaction of the respondents in attenmpting to demolish the structures in Door No. 65-2-19 in Plot No.29 Narasanna Nagar in T.S.No.204/19,Ward No. 29, Block No. 65,Kakinada, East Godavari District without issueing any notice and following procedure contenmplated under hyderabad municipal corporation act is illegal,arbitrary,contraty to principles of natural justice. Counsel for the Petitioner:MR.E.SAMBASIVA PRATAP Counsel for the Respondent No.: MR.S.NAGESWARA REDDY HON’BLE SRI JUSTICE V. ESWARAIAH WRIT PETITION NO. 10173 OF 2005 ORAL ORDER: Heard. It is the case of the petitioner that he is the owner of House bearing No. 65-2-19 in Plot No. 29 Narasanna Nagar in T.S.No. 204/19, Ward No. 29, Block No. 65 Kakinada, East Godavari District having purchased the same by registered sale deed dated 6.11.2004. The vendor obtained sanctioned plan in BA No. 276/04-G4 dated 10.5.2004 from the then Kakinada Municipality for construction of Building in Ground, First and Second Floors. While so, it is stated that without issuing any notice, when respondent attempted to demolish the same, the petitioner filed the present Writ Petition declaring the action of the respondents in attempting to demolish the structures without issuing any notice and without following due procedure under the A.P. Municipalities Act as arbitrary and illegal. This Court while admitting the Writ Petition directed stay of demolition of the structures in question without following due process of law. It was also made clear that the petitioners shall not proceed with any construction except in accordance with the sanctioned plan. As no counter is forthcoming, if any deviations are there, it is always open for the respondents to issue show cause notice pointing out deviations and the unauthorized structures for demolition of the same. Having regard to the same, the Writ Petition is disposed of directing the respondents to issue notice pointing out the deviations in the sanctioned plan and then take appropriate action for demolition of the structures by following due process of law. No order as to costs. ____________________ V. ESWARAIAH, J Date: 27.03.2008 KA ---- REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Special Officer,Muncipal Corporation, Kakinada,East Godavari District. 2 The Commissioner,Municipal Coproration, Kakinada,East Godavari District. 3 The Town Planning Officer & Assistant City Planner, Municipal Corporation,Kakinada, East Godavari District. 4. 2CCs 5. 2CD copies