IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 7186 of 2009 Between: Vadapalli Kalyani Sri W/o. Sri V.B. Sundar R/o. Flat No.301, Lakshmi Sri Residency, Plot No.HIG-589, Phase- VI, K.P.H.B.Colony, Kukatpally, Hyderabad-72. ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation, Tank Bund Raod, Hyderabad, rep. by its Commissioner. 2 The City Planner, Greater Hyderabad Municipal Corporation, Tank Bund Raod, Hyderabad. 3 The Deputy Commissioner, Circle No.14, Greater Hyderabad Municipal Corporation, Kukatpally, Hyderabad-72. 4 M/s. Sri Sai Lakshmi Construction, rep. by its Propreitor B. Lakshmi, W/o. B. Visweswara RAo R/o. Flat No.GF-1, Lakshmi Sri Residency, Plot No.HIG-589, Phase-VI, K.P.H.B.Colony, Kukatpally, Hyderabad-72. 5 B. Visweswara Rao S/o. Satyanarayana R/o. Flat No.GF-1, Lakshmi Sri Residency, Plot No.HIG-589, Phase-VI, K.P.H.B.Colony, Kukatpally, Hyderabad-72. .....RESPONDENTS 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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ, declaring the inaction of the official respondents and their subordinates in not taking steps to remove the unauthorized construction in the building bearing D.No.16-31-589 situated in Plot No.HIG-589, Phase-VI in Kukatpally Housing Board Colony, Hyderabad, as illegal, arbitrary and violative of the provisions of the H.M.C. Act, 195 and consequently direct the official respondents to remove the unauthorized constructions in the said building forthwith. Counsel for the Petitioner: MR.N.SIVA REDDY Counsel for the Respondent No.: SMT.KALPANA EKBOTE The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No : 7186 of 2009 O R D E R : This writ petition is filed seeking a declaration that the inaction on the part of the respondents 1 to 3 (Greater Hyderabad Municipal Corporation) in taking steps to remove the alleged unauthorized constructions in the building bearing Dr.No.16-31-589 situated in plot No.HIG-589, Phase-VI in Kukatpally, Housing Board Colony, Hyderabad is arbitrary and illegal. The petitioner states that she is the owner and possessor of apartment bearing No.301 in the above said building bearing Dr.No.16-31-589. It is alleged that respondents 4 and 5 had made unauthorized and illegal constructions in the stilt meant for parking in the sanctioned plan. Aggrieved by the same, the petitioner made a representation to the Corporation requesting to take necessary steps for demolition of the unauthorized constructions made. Alleging that the Corporation failed to take any steps, the present writ petition is filed. In the counter affidavit filed on behalf of the Corporation, the fact that the petitioner made such a representation has not been disputed and it is stated that the necessary steps would be taken in accordance with law. Having regard to the facts and circumstances, since the issue is under consideration by the Corporation, without expressing any opinion as to the correctness of the allegations made by the petitioner, the writ petition is disposed of with a direction to the Corporation to complete the enquiry after giving an opportunity to the respondents 4 and 5 to put forth their case and pass appropriate orders in accordance with law as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. No costs. ______________ G. ROHINI, J Dated: 17-07-2009 KLP