IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 27749 of 2008 Between: Sri Vinay Jain S/o.Sumer Chand R/o.H.No.21-1-600, Rikabgunj, Hyderabad. ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation, represented by the Commissioner, Tank Bund, Hyderabad. 2 Greater Hyderabad Municipal Corporation, represented by the Assistant City Planner, Circle No.II, Sardar Mahal, Hyderabad. 3 Sri Shankarlal Agarwal S/o.Late Giridharlal R/o.H.No.5-9-22/A/11, Adarsh Nagar, Basheerbagh, Hyderabad. 4 Smt. Aruna Bai W/o.Shankarlal Agarwal R/o.H.No.5-9-22/A/11, Adarsh Nagar, Basheerbagh, Hyderabad. 5 Smt. Swetha Agarwal D/o.Shankarlal Agarwal R/o.H.No.5-9-22/A/11, Adarsh Nagar, Basheerbagh, Hyderabad. .....RESPONDENT(S) 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 to issue an appropriate orders, direction or writ particularly one in the nature of Writ of Mandamus declaring the in action of the respondent No.1 & 2 pursuant to the complaint dated 11.12.2008 lodged by the petitioner as being illegal, arbitrary and unconstitutional and consequently direct the respondent No.1 & 2 to take action against the respondents No.3 to 5 by removing the illegal construction made in the cellar of the complex known as G.S.Market Complex, in premises bearing No. 21-1-746 to 750, situated at Patel Market, Rikabgunj, Hyderabad and pass such other order or orders. Counsel for the Petitioner:MR.K.ANUP KUMAR Counsel for the Respondent No.: R.RADHA KRISHNA REDDY(SC FOR GHMC,SNCZONE) The Court made the following : ORDER The petitioner is the owner of the shop in the ground floor of G.S.Market Comple,x forming part of premises bearing No.21-1-756 to 750 situated at Patel Market, Rikabgunj, Hyderabad. According to him, he purchased the said shop, vide registered sale deed, dated 14.7.2008, bearing document No.1084/2008 from respondent Nos.3 to 5. After obtaining necessary permission from the official respondent Nos.1 and 2, the petitioner constructed ground, first and second floors therein. There is no permission to construct anything in the cellar. However, respondent Nos.3 to 5 unauthorizedly converted the cellar portion into shops and trying to lease/sell the same in favour of 3rd parties. This action was opposed by the petitioner and approached the official respondent Nos.1 & 2 and made a complaint on 11.12.2008 requesting them to take necessary action, but, however, no action has been initiated. Hence, he approached this Court and filed the present writ petition. Having heard the learned counsel for the petitioner and the learned Standing Counsel for Greater Hyderabad Municipal Corporation appearing on behalf of respondents 1 and 2, this Court is of the view that this writ petition can be disposed of by dispensing with the usual notice to the un-official respondents. When once the building plan does not provide for any shops or mulgies in the cellar portion, neither the petitioner nor respondent Nos.3 to 5 can make any constructions. However, as the petitioner had already approached the official respondents and made a complaint, the respondent-authorities, particularly respondent No.2 is hereby directed to visit the premises, inspect the same and find out as to whether the allegations made by the petitioner are correct or not and if it is correct, he is directed to direct respondent Nos.3 to 5 not to make any further constructions. Now that this Court is dispensing with the usual notice to the respondent Nos.3 to 5, the official respondents shall put the un-official respondents also on notice by affording an opportunity of personal hearing before initiating any action. Till such time, no further construction shall take place in the cellar portion of the said building, as stated supra. Accordingly, the writ petition is disposed of. No costs. __________ 22-12-2008 rkk