THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.4982 of 2010 Dated 11th October, 2011 Between: K.Ram Reddy …Petitioner And Greater Hyderabad Municipal Corporation, rep.by its Commissioner, Tank Bund, Hyderabad and others …Respondents Counsel for the petitioner: --- Counsel for respondent Nos.1 & 2: Ms.V.Jaya Sree For Sri C.Damodar Reddy Counsel for respondent No.6: Sri A.Sanjeev Kumar The Court made the following: ORDER: At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This writ petition is filed for a mandamus to declare the inaction on the part of respondent No.1 and its functionaries in acting on the petitioner’s representation, dated 23.01.2010, for demolishing the illegal structures raised by the private respondents as illegal and arbitrary. The petitioner claims to be the owner of Acs.12.20 guntas of land in Survey No.599 of Madhavapuri Colony, Sainikpuri, Keesara Mandal, Ranga Reddy District. He alleged that respondent No.4 in collusion with respondent Nos.7 and 8 has been raising illegal constructions in industrial area and that they have been proceeding with construction in plot Nos.117 and 118 on some benami names without obtaining permission from respondent Nos.1 and 2. A mandamus has, therefore, been sought for to direct respondent Nos.1 and 2 to take appropriate action against the alleged unauthorised constructions. Separate counter affidavits have been filed by respondent No.2 and respondent No.6. In the counter affidavit filed by respondent No.2, it is inter alia stated that on the representation of the petitioner, respondent No.2 has stopped respondent No.6, who is the son and brother of respondent Nos.4 and 5 respectively, from undertaking construction activity without permission, that respondent No.6 has made an application for granting permission for construction of a residential building consisting of stilt + two upper floors in plot Nos.104A and 117 of Mahdhavapuri Colony, Kapra Village, by paying a sum of Rs.93,398/- on 02.02.2010, towards building permit fee and that the said application was kept pending in the absence of an order of regularisation of unapproved layout in which the building is proposed to be constructed. It is further stated that thereafter respondent No.6 made a representation, dated 26.02.2010, enclosing proceedings, dated 25.02.2010, regularising the layout, with a request to grant building permission. That at that juncture, the petitioner has sent a copy of the interim order passed on 04.03.2010 in the present writ petition, on account of which, respondent No.6 has stopped further construction and respondent No.2 could not release the building permission. Respondent No.6 filed a separate counter affidavit, wherein he has made serious allegations against the petitioner. He has also stated that the petitioner has filed a representation withdrawing his earlier representation before respondent No.2. From the facts noted above, it is clear that the application for building permission made by respondent No.6 is pending before respondent No.2. In compliance with the interim order of this Court, respondent No.6 has not been proceeding with further construction. This aspect is made clear by the learned counsel representing him. Inasmuch as it is stated that the layout regularisation order has already been submitted by the petitioner, there could be no impediment for respondent No.2 to consider and dispose of respondent No.6’s application for building permission. Accordingly, without going into the various allegations made by the petitioner and respondent No.6 in their respective pleadings, the writ petition is disposed of with the direction to respondent No.2 to consider respondent No.6’s application for building permission, take a decision and communicate the result thereof to him within a period of one month from the date of receipt of a copy of this order. Till respondent No.6’s application is disposed of, further construction shall not be undertaken by him. As a sequel to disposal of the writ petition, W.P.M.P.No.6418 of 2010 and W.V.M.P.No.1536 of 2010 are disposed of as infructuous. C.V.NAGARJUNA REDDY, J 11th October, 2011 VGB