IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 20594 of 2007 Between: D. Ramasomayajulu, S/o. Yagneswara Somayajulu, Hindu, Secretary Diesel Loco Shed and other SCR Employees Co-operative Buildings Society Limited B-1545 with Regd. Office at Door No. 36-92- 37/1 Kapparada, Visakhapatnam. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Department of Municipal Administration, Rep. byits Principal Secretary, Secretariat, Hyderabad. 2 The Commissioner, Greater Visakha Municipal Corporation, Visakhapatnam. 3 The Special Chief Secretary And Chief Commissioner of Land Administration, Government of Andhra Pradesh, Hyderabad. 4 Athili Appalaswamy, S/o. P. Venkatramamurthy, Hindu, R/o. Kancharapalem, Visakhapatnam. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ or Order more particularly one in the nature of a Writ of Mandamus declaring the inaction on the part of the 2nd respondent in allowing the 4th respondent constructing a house with ground and first floor with Door No. 36-92-37 situate in the petitioner-Society site in an extent of 300 Sq. Yards covered by S.Nos. 30/a and 30/2A (Part) of Kapparada Village, bounded by 30' road on the east Steel City School on the south; S.No. 29 on the west; and the Petitioners Society land in S.No. 30/1, without there being any sanctioned plan, as illegal, arbitrary, capricious and violative of principles of natural justice and consequently direct the 2nd respondent to demolish the house of the 4th respondent in accordance with the provisions of the Municipal Corporations Act and pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner:MRN.VIDYA PRASAD Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : ORDER: This writ petition has been filed by D.Ramasomayajulu assailing the inaction of the respondents 1 to 3 on the representations made by him with regard to the unauthorized constructions being put up by Athili Appalaswamy-4th respondent. 2. The petitioner is the Secretary of Diesel Loco Shed and other SCR Employees Co-operative Building Society Limited, Visakhapatnam. The averments of the writ affidavit are not required to be elaborated in view of the order proposed to be passed. 3. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the 2nd respondent-Corporation and learned counsel appearing for the 4th respondent. 4. Learned counsel appearing for the petitioner submits that 4th respondent occupied the plot of the Diesel Loco Shed and other SCR Employees Co-operative Building Society Limited, Visakhapatnam and put up constructions without obtaining any permission and therefore, the respondents 1 to 3 have to initiate necessary action for removal of the unauthorized constructions put up by the 4th respondent. 5. Learned Standing Counsel appearing for the 2nd respondent- Corporation submits that 4th respondent filed a suit in O.S.No.1542 of 2004 on the file of II Additional Junior Civil Judge, Visakhapatnam and obtained interim orders and the said suit is pending. 6. A fact remains that the 4th respondent has approached the civil Court and obtained interim orders. Unless the interim orders are vacated, the question of the respondents 1 to 3 taking any steps with regard to the removal of unauthorized constructions put up by the 4th respondent does not arise. Since the civil suit is stated to be pending, the petitioner is at liberty to implead as a party in the said suit and resist the claim of the 4th respondent. 7. With the above observation, the writ petition is disposed of at the admission stage. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:10th July, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}