IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE TWELFTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 26488 of 2008 Between: A. Krishna Reddy S/o. Sundera Rami Reddy R/o. H.No.8-2-684/J/4, Bhavani Nagar, Road No.12, Banjara Hills, Hyderabad. ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation, rep. by its Commissioner, having its office at Tank Bund, Hyderabad. 2 Zonal Commissioner of Central Zone, Greater Hyderabad Municipal Corporation, Khairatabad, Hyderabad. 3 The Deputy Commissioner, Circle No.5, G.H.M.C., Hyderabad. 4 Dr. Srinivas S/o. Not know to the petitioner Plot No.8-2-684/1/1, Bhavani Enclave, Road No.12, Banjara Hills, 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 pass an order or orders, writ more particularly a writ one in the nature of Writ of Mandamus to direct the respondent 1 to 4: i) to remove unauthorized structure constructed by respondent No.4 in Plot No.8-2- 684/11/1, Bhavani Enclave, Road No.12, Banjara Hills, Hyderabad, ii) to direct the respondents Nos. 1 to 3, to take appropriate action against the respondent No.4 to close down the Commercial Activity in the said complex, which is in a residential locality, iii) to further direct the respondents to take all necessary steps preventing respondent No.4 from running business / clinic / nursing home in the subject matter plot. Counsel for the Petitioner:MR.P.SRINIVAS REDDY Counsel for the Respondent No.: (SC FOR MCH CIRCLES 3&5)KALPANA EKBOTE The Court made the following : O R D E R:- This writ petition is filed seeking a direction to respondents 1 to 3 to remove unauthorized structures constructed by the 4th respondent in Plot No.8-2-684/11/1, Bhavani Enclave, Road No.12, Banjara Hills, Hyderabad, and take all necessary steps preventing him from running business/clinic/nursing home in that plot, which is in a residential locality. The petitioner asserts that he is the owner of a House No.8-2- 684/J4, Bhavaninagar, Road No.12, Banjara Hills, Hyderabad. The 4th respondent, who is his neighbour, after obtaining necessary permission from Greater Hyderabad Municipal Corporation, constructed a residential house, but later in violation of the approved plan, converted his house into a Nursing Home and a Clinic and also constructed a wall which is more than 12 ft height, without leaving any set back, thereby obstructing ventilation to the petitioner’s house. Then, the petitioner made a representation, dated 24.9.2008 to the 2nd respondent-Zonal Commissioner of Central Zone. Now, the petitioner’s grievance is that though he made the representation, respondents 1 to 3 have neither considered it and passed any orders thereon, nor initiated any action against the 4th respondent for removal of the illegal constructions made by him. Heard the learned counsel for both the parties and perused the material placed on record. Having considered the submissions made by both the learned counsel, this Court is inclined to dispose of the writ petition with the following directions: “The 3rd respondent-Deputy Commissioner is hereby directed to consider the petitioner’s representation dated 24.9.2008 and pass appropriate orders in accordance with law. Before passing any orders, the 3rd respondent shall issue a notice to the 4th respondent to ventilate his grievance and hear both the petitioner and the 4th respondent. This exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.” In terms of the above directions, this writ petition is disposed of at the admission stage. No costs. ______________ 04.12.2008 bcj