( 1 ) THE petitioner is a company engaged in the business of construction of commercial and residential complexes. One Sri Vishnuvardhan obtained building permission for construction of stilt plus three floors of residential building, vide Permit No. 410/93, dated 19-5-1993 on his plot in Road No. l, Banjara Hills, Hyderabad admeasuring 654 Sq. Yards. Under an agreement of sale the petitioner purchased the said property and also acquired all the rights. It is alleged that the vendor of the petitioner commenced the construction within one year as per the building bye-laws and by the time the petitioner purchased the property, the stilt plus 3 floors were already completed. As per the Zoning Regulations, the plot number of the petitioner, Road No. l, Banjara Hills fell in residential area. Therefore, Sri Vishnuvardhan had made a representation dated 28-8-1997 seeking conversion of land use from residential to commercial. The Government by letter No. 19451/11/97-1, M. A. , dated 8-9-1998 called upon the Municipal Corporation of Hyderabad respondent No. l, to offer their comments on the application made by Sri Vishnuvardhan seeking relaxation of Zoning Regulations. The 1st respondent did not take any action on the letter of the Government.

( 2 ) THE petitioner alleged that Sri Vishnuvardhan also submitted a revised building plan on 27-8-1997 and no action was taken on the said application. However, when the officials of Municipal Corporation of Hyderabad threatened to demolish the structure already constructed, the vendor of the petitioner filed a suit in OS No. 51417 of 1997 on the file of the IV Asst. Judge, City Civil Court, Hyderabad and an order of status quo was passed in IA No. 1648 of 1997. It is also averred that the status quo granted by Civil Court is still in force.

( 3 ) ON 2-1-1998, the Municipal Corporation of Hyderabad served a notice on one Sri Gopal Reddy who is the original owner of the land and the said notice was served under Sections 428 and 433 of Hyderabad Municipal Corporation Act mentioning that the building permission granted to Sri Vishnuvardhan had lapsed under bye-law No. 7 of the building bye-laws, that the construction was made in violation of the original approved plan and therefore the Municipal Corporation sought to demolish the structures. The petitioner s officers met the 1 st respondent and explained the position in vain. As there is a serious threat of demolition from the officers of the Municipal Corporation of Hyderabad the petitioner approached this Court and filed this writ petition. The petitioner sought for a declaration that the action of the respondents seeking to demolish the structures raised in plot bearing Municipal No. 8-2-672, Road No. 1, Banjara Hills without considering the representation dated 27-8-1997 is illegal and for further declaration that till the representation and the revised building plan are not considered, the Municipal Authorities are not entitled to take any coercive steps for demolition of the structure or otherwise.

( 4 ) THIS Court ordered notice before admission and granted interim stay of demolition by order dated 8-5-1998. The first respondent filed counter-affidavit stating that the petitioner has violated building bye-laws as well as the permission granted to Sri Vishnuvardhan. It is also alleged that there are number of deviations and the petitioners are making constructions in violation of the rules and regulations.

( 5 ) THIS Court is not inclined to go into these questions at this stage. These are matters to be considered by the appropriate authorities, because the representation made by the petitioner seeking change of the land use from residential to commercial has been admittedly pending with the Government from August, 1997. In fact, the Government have also called for remarks from the Municipal Corporation of Hyderabad, but no action has been taken. It is also relevant to mention that the Government of A. P. issued G. O. Ms. No.