IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 15949 of 2008 Between: M/s. Sree Rama Constructions, A Reg. partnership firm Rep Smt. P. Shanta Rajeswari, W/o. P. Nageswar, Occ: Housewife, Res.Plot No. 111,Vasanthnagar Colony, Kukatpally, Hyderabad. ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation, Rep by Commissioner-Cum-Special Officer, Tank Bund Road, Hyderabad. 2 Assistant Commissioner, Greater Hyderabad Municipal Corporation, Circle V, Hyderabad. .....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 as appropriate writ, order or directions, more particularly one in the nature of Writ of Mandamus declaring the action of the respondent herein in attempting to demolish the structures raised and obstructing the construction in premises bearing H.No. 6-2-981, admeasuring 1460 sq.yards situated at Khairatabad, Hyderabad, without following the provisions contemplated under the HMC Act, 1956 is illegal, arbitrary and unconstitutional and consequently direct the respondent not demolish and interfere with the construction of the petitioner, and pass Counsel for the Petitioner:MR.A.M.RAO Counsel for the Respondent No.: SMT.KALPANA EKBOTE The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO 15949 OF 2008 ORDER: 1. This writ petition has been filed by M/s Sree Rama Constructions, represented by Smt. P.Shanta Rajeswari assailing the action of the respondents in attempting to demolish the structures raised by the petitioner partnership firm in the premises bearing H.No. 6-2-981 admeasuring 1460 square yards, situated at Khairtabad, Hyderabad. 2. When the writ petition came up for admission Smt. Kalpana Ekbote, learned standing counsel for Hyderabad Municipal Corporation takes notice on behalf of respondents. 3. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for the respondents. 4. Petitioner firm claim that it obtained permission for stilt for parking plus five upper floors for residential flats under permission NO. 45/76 in File No. 0753/CSC/TPS/04, dated 10-01-2005. It is the contention of the petitioner that the respondents are contemplating to demolish the structures without following due process of law. 5. Learned standing counsel appearing for the respondents, on instructions, reports that the respondents would follow due process of law in the event the structures made by the petitioners are required to be demolished. 6. In that view of the matter, the writ petition is disposed of directing the respondents to follow due process of law in the event of the building bearing H.No. 6-2-981, situated at Khairatabad, Hyderabad owned by the petitioner is required to be demolished. No order as to costs. ______________________________ Justice B.Seshasayana Reddy 24th July, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO 15949 OF 2008 24th July, 2008.