THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO. 5235 OF 2011 O R D E R: This Writ Petition is filed seeking to issue a Writ of Mandamus directing respondent No.1 to take appropriate action against respondent No.2 for making illegal and unauthorized constructions in the property bearing D.No.26-13-73, Sanyasi Raju Street, Gandhinagar, Vijayawada Municipal Corporation, as arbitrary and illegal and in violation of Municipal Corporation Act and the rules framed on the subject besides directing to stop the constructions forthwith. 2. The averments of the affidavit filed in support of the Writ Petition may be stated as follows: The petitioner is a registered firm carrying on business in the name of “Alankar Theatre” in exhibition of Cinematographic Films at the property bearing D.No.26-13-73, Sanyasi Raju Street, Gandhinagar, Vijayawada, having purchased the land and building admeasuring 2,876 square yards, known as “Alankar Complex”, which was constructed from cellar portion to fifth floor and terrace by obtaining permission from the respondent Corporation vide proceedings B.A.No.386/1993, dated 28.06.1993 and subsequent modification proceedings R.O.S.T.P. 386/1993, dated 28.06.1993 and 10.02.1994 of respondent No.1, from its predecessor-in-title M/s. Alankar Theatre, a partnership firm, for a valuable consideration through a sale deed, dated 22.07.1995, which was registered as document No.3916/1995 in the office of the District Registrar, Vijayawada. On enquiry, the petitioner firm came to know that respondent Nos.3 and 4 having obtained a sale deed, dated 19.09.2007 which is registered as Document No.8424/2007 in the office of Joint Sub-Registrar, Vijayawada from one M/s Suryachandra Enterprises, Vijayawada, a partnership firm, appears to have entered into a lease agreement, dated 21.12.2009 with respondent No.2 for a period of seven years alleged to be from 01.01.2010 to 31.12.2016 with a view to construct Hotel and Restaurant Business in the property. On enquiry, the petitioner came to know that respondent No.2 is trying to make illegal and unauthorized constructions in the common corridor situated in 5th floor which is earmarked and being used by and on behalf of the petitioner, and got issued a notice to the respondent Corporation on 01.11.2010 requesting to conduct appropriate enquiry in respect of illegal and unauthorized constructions being carried on in the property besides taking necessary steps to stop all the constructions in order to have the complex in particular and people in general, while submitting copies to the District Collector, Krishna, Machilipatnam and the Sub- Collector, Vijayawada, who in turn, having received the said notice failed to take any action though respondent No.2 is making constructions without obtaining any sanctioned plan nor prior permission from the respondent Corporation. The petitioner firm filed O.S.No.208 of 2010 on the file of the learned II Additional District Judge, Vijayawada for grant of permanent injunction restraining respondent Nos.2 to 4 from making any constructions in common corridor and open terrace and for the relief of mandatory injunction directing to remove the illegal constructions. Pending suit, the petitioner firm filed I.A.No.4173 of 2010 to grant temporary injunction restraining respondent Nos.2 to 4 from making constructions. After considering the material available on record, the Civil Court directed respondent No.2 to maintain status quo. Appropriate direction has to be issued by respondent No.1 to direct respondent No.2 not to change the features of the property in any manner besides directing to stop illegal and unauthorized constructions in the property. Hence, the Writ Petition. 3. Respondent No.1 filed counter-affidavit stating that the Corporation inspected the premises and informed the same to respondent No.2 to submit an application for permission if its want conversion of the building other than the purpose which was approved previously. Based on the above action, respondent No.2 has submitted an application to the answering respondent Corporation vide B.A.No.646/2011/G4 and the said application is under Scrutiny. 4. Heard the learned counsel for the petitioner and the learned counsel for the respondent No.1 and counsel for Respondent Nos.2 to 4. 5. Learned Standing counsel appearing for respondent No.1 Corporation contended that in respect of the premises in question, respondent No.2 filed a fresh revised plan along with the application vide B.A.No.646/2011/G4; that respondent No.1 corporation inspected the premises of respondent No.2 and informed that to submit an application for permission for conversion of the building other than the purpose which was approved previously; that in pursuance thereof, respondent No.2 has given application and the said application is under scrutiny. 6. Learned counsel appearing for respondent Nos.2 to 4 contended that an opportunity may be given them to represent the case before the competent authority. 7. The factual matrix is not in dispute. Appropriate decision has to be taken by respondent No.1 in pursuance of the application filed by respondent No.2 in B.A.No.646/2011/G4. At the same time, the objections that were filed by the petitioner have to be considered and also the further objections, if any, of the petitioner have to be taken note of by respondent No.1 before passing orders on the application of respondent No.2. 8. Accordingly, the Writ Petition is disposed of directing respondent No.1 to consider the application of respondent No.2 and objections, if any, that may be filed by the petitioner and respondent No.2 within a period of four (4) weeks from the date of receipt of a copy of this order and take appropriate decision in accordance with the Rules and Regulations. The petitioner and respondent Nos.2 to 4 shall file the objections, if any, within a period of three (3) weeks from today. There shall be no order as to costs. _______________ K.C.BHANU, J OCTOBER 28, 2011 YVL IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO. 5235 OF 2011 Between: …PETITIONER Ms/ Sri Lakshmi Venkateswara Cine Exhibitors. AND Vijayawada Municipal Corporation and others. ...RESPONDENTS The Court made the following :