THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.23553 OF 2010 ORDER: This writ petition is filed seeking to issue Writ of Mandamus declaring the action of the 1st respondent in not taking action against the respondent Nos. 2 and 3 in pursuance of the notice BA No.158/2007/G1/TPS II, dated 18-04-2008 and also notice UCBA No.158/2007/G1/TPS No.II, dated 24-04-2008 issued for the illegal construction of the house bearing No.25-2-9 in R.S.Nos.443 and 444/1A situated at Lecturers Street, Ward No.30, Bhimavaram, West Godavari District as illegal and arbitrary and consequently direct the 1st respondent to take necessary action and to demolish the illegal portion of construction made by the respondent Nos. 2 and 3. 2. It is stated in the affidavit filed in support of the writ petition that the petitioner is the owner of the house bearing No.25-2-11, Lecturers Street, Bhimavaram, having purchased the same under a registered sale deed, dated 02-08-1974 and subsequently constructed Dhaba house and paying house tax to the Municipality. In the month of April, 2008, respondents 2 and 3 who are having houses to the western side of his house, started construction of three storied building and at the time of laying pillars, they have not maintained the distance as per building regulations. When he informed the same to the 1st respondent, officials of the 1st respondent visited the building and thereafter respondents 2 and 3 stopped the work for some time. Recently, respondents 2 and 3 started construction and laying five floors and when he questioned, they did not give proper response. Then he made an application to the 1st respondent for furnish information and as per the information furnished by the 1st respondent, it is clear that the respondents 2 and 3 are making constructions in violation of sanctioned plan. Though the 1st respondent issued notices on 18-04-2008 and on 24- 04-2010, no action has been taken by respondents 2 and 3. Taking advantage of not taking any action by the 1st respondent, respondents 2 and 3 started construction in violation of approved plan and extending towards his house without maintaining any gap in between his site and their sites. Due to digging of earth, there are some cracks in the walls taken place in his house and causing lot of damage. When he raised objection for constructions, respondents 2 and 3 did not care and moving further construction. Though he informed about the illegal construction to the 1st respondent, it did not take any action. Hence, the writ petition. 3. The 1st respondent filed counter affidavit stating that the applicants are informed that they have constructed two unauthorized floors in violation of approved plan and also the Municipality has taken action as per A.P. Municipalities Act, 1965. Hiding the above facts, the applicants filed fresh application without enclosing the plan copies and others required documents keeping the Municipality in dark as if it is a new construction for additional floors which are already constructed by the applicants without prior permission. The Municipality denied the request of the applicants for the approval of two additional floors which are being constructed against the rules and violation of approved plan and also informed that the applicants are not eligible for the relaxations sought by them for construction of two additional floors which are constructed by them as per the provisions of G.O.Ms.No.569, M.A., dated 23-08-2008 as they have obtained permission for the residential building with G+3 floors as per the provisions of G.O.Ms.No.422, M.A., dated 31-07-1998. Hence, the application filed by the applicants are rejected. Therefore, it prays to dismiss the writ petition. 4. As the petitioner made a mention that the applications of the respondents 2 and 3 for relaxation sought by them for construction of two floors was pending, this Court directed the 1st respondent to take appropriate decision. In pursuance of the order, the 1st respondent has taken a decision rejecting the application for relaxation sought by them for construction of two additional floors as it violates A.P. Municipalities Act, 1965 and by-laws made there under. Therefore, the 1st respondent has to demolish the illegal structures made by the respondents 2 and 3. 5. Accordingly, the Writ Petition is disposed of directing the 1st respondent to proceed further in accordance with law. No order as to costs. --------------------- K.C.BHANU, J DATED: 31-10-2011 Hsd