IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 15423 of 2008 Between: Kolanupaka Shantha Devi W/o. K.Prabhakar Rao R/o. H.No. 6-5-151, Ravindrabagar, Nalgonda, Nalgonda District. ..... PETITIONER AND 1 The Nalgonda Municipality, Rep. by its Commissioner, Nalgonda, Nalgonda District. 2 The Director, Municipal Administration, Masab Tank, Hyderabad 3 Government of A.P., rep. by its Secretary, Municipal Administration & Urban Development Department, Secretariat, Hyderabad. 4 Lenkala Sujatha W/o. Ramchandra Reddy R/o. 6-5-150, Ravindranagar, Nalgonda, Nlgonda District. .....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, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents 1 adn 2 in taking action against the 4th respondent's illegal construction in premises No. 6-5-150, Ravindranagar, Nalgonda by violating sanctioned plan and Municipal Building Ruled/ Act as illegal, arbitrary and contrary to guidelines issued in G.O.Ms.No.565, dt. 4-11-2006 of the 3rd respondent and for a consequently direction to the respondents to take immediate steps on the representation 2-06-2008 and dt.14-07-2008 of the petitioner in the interest of justice. Counsel for the Petitioner: MR.B.SUDHAKAR REDDY & NEERAJA REDDY Counsel for the Respondent No.1: MR. P.RADHAKRISHNA, STANDING COUNSEL FOR NALGONDA MUNICIPALITY. Counsel for the Respondent Nos.2&3: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : ORDER: This writ petition has been ﬁled by Smt.Kolanupaka Shantha Devi assailing the inaction of the Nalgonda Municipality rep. by its Commissioner, Nalgonda-1st respondent on the representation submitted by her complaining illegal constructions made by Lenkala Sujatha-4th respondent in the premises No.6-5-150, Ravindranagar, Nalgonda. 2. Notice before admission came to be ordered on 18.07.2008. Despite service of notice, the 4th respondent neither appeared in person nor through a counsel. 3. Heard learned counsel appearing for the petitioner; learned Standing Counsel appearing for the 1st respondent-Municipality and learned Government Pleader for Municipal Administration and Urban Development appearing for the respondents 2 and 3. 4. Learned counsel appearing for the petitioner submits that the 1st respondent-Municipality having initiated the action as stated in para.4 of the counter-aﬃdavit, has not concluded the proceedings on the complaint made by the petitioner with regard to illegal constructions being made by the 4th respondent. 5. Learned Standing Counsel appearing for the 1st respondent- Municipality submits that further action will be initiated pursuant to the provisional order and conﬁrmation order during the course of time. 6. Para.4 of the counter-aﬃdavit ﬁled on behalf of the 1 st respondent needs to be noted and it is thus: “It is respectfully submitted that in reply to para.3 of the aﬃdavit, I submit that Smt.L.Sujatha, W/o.Ramachandra Reddy, 4th respondent herein has obtained building permission vide Pro.No.G1/34/2008-09, dt.22.5.2008 for construction of structure. When the party started construction, the Town Planning Oﬃcials, Nalgonda Municipality inspected and found certain deviations to the sanctioned plan and immediately Provisional Order and Conﬁrmation Order notices were issued vide Notice No.1/TPS/2008, Dt.18.7.2008 and 1/TPS/2008, Dt.23.7.2008 respectively and the acknowledgement of Smt.L.Sujatha, 4th respondent was also obtained. Further action will be taken as per the provisions of A.P. Municipalities Act, 1965.” Since the 1st respondent-Municipality has already taken cognizance of the complaint ﬁled by the petitioner and initiated action against the 4th respondent, I deem it appropriate to direct the 1st respondent-Municipality to consider the representation of the petitioner with regard to the unauthorized constructions made by the 4th respondent and pass appropriate orders thereon within four weeks from the date of receipt of a copy of this Order after putting on notice the affected parties. 7. Accordingly, the writ petition is disposed of at the admission stage. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:07th August, 2008. Note: Issue C.C. within three days. B/O cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}