JUDGMENT :

RAVI NATH TILHARI, J.

1. Heard Sri P. Kameswara Rao, learned counsel for the petitioner and Sri G. Naresh Kumar, learned counsel, representing Sri M. Manohar Reddy, learned Standing Counsel for the respondent No. 2.

2. Sri Munagaala Ramesh, the petitioner, is present in person.

3. This writ petition under Article 226 of the Constitution of India has been filed for the following relief:

“It is therefore prayed that this Hon’ble Court pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd respondent without following the due process of law making attempts to demolish the petitioner’s house property vide baring Ward No. 08, Block No. 26 situated at D. Nos. 23-11-121, 23-11-119 and 23-10-2A, Nageswara Rao Panthulu Road, Revenue Ward No. 47, Vijayawada, N.R.T. District previously Krishna District is illegal, arbitrary violation of principles of natural justice, violative of Section 452 of the Municipal Corporation Act 1955 and consequently direct the respondent not to interfere/demolish the petitioner’s house property forthwith without following due process of law and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

4. In the writ petition, the petitioner has stated that the respondents, particularly the respondent No. 2 is making an attempt to demolish the petitioner's property without following due process of law and without issuing any notice.

5. Paragraph Nos. 2 and 5 in this respect are being reproduced as under:

“2. I submit the present writ petition is being filed to declare the action of the respondents particularly 2nd respondent in making attempts to demolish the petitioner’s property an extent of 436.19 Square yards of site bearing Ward No. 08, Block No. 26 situated at D. Nos. 23-11-121, 23-11-119 and 23-10-2A, Nageswara Rao Panthulu Road, Revenue Ward No. 47, Vijayawada, N.R.T. District previously Krishna District, without following due process of law and without issuing any notice as illegal, arbitrary, unjust and violation of articles 14, 21 & 300-A of the Constitution of India and violation of the provisions of the Andhra Pradesh Municipal Corporation Act, 1955.

5. I submit that when the construction is under process all of sudden without any issuing any notice and information, the 2nd respondent officials are obstructing the progress of the construction and thereby creating hindrance to the daily works of our construction. Having invested of so much money in purchasing the property and started construction, without due process of law, the action of the respondents in trying to disposes/demolish our under construction building vide bearing Ward No. 08, Block No. 26 situated at D. Nos. 23-11-121, 23-11-119 and 23-10-2A, Nageswara Rao Panthulu Road, Revenue Ward No. 47, Vijayawada, N.R.T. District previously Krishna District is illegal arbitrary and violation of Municipality Act, 1955 as well as in breach of principles of natural justice. It is important submit that as per Section 452 of the Municipal Corporation Act the authorities are duly bound to issue notice to the concerted party if they are any deviation calling explanation within 15 days and after receipt of the explanation only if not satisfied then only authorities can initiate process for dispossession or demolition in accordance with law. This Section has been violated by the 2nd respondent and hence the action in trying to dispossess/demolition is illegal and arbitrary. Hence this Writ Petition.”

6. Sri G. Naresh Kumar, learned counsel, representing Sri M. Manohar Reddy, learned Standing Counsel for the respondent No. 2, Vijayawada Municipal Corporation submitted, on 16.08.2022, on the basis of instructions received that notice No. 901/1073/VMC/UC/2022, dated 03.08.2022 under Section 452 (1) of the Greater Hyderabad Municipal Corporation Act, 1955 was issued and 3 copies were served on the petitioner on 03.08.2022 it